CONFLICTS OF LAWS; Definition:

1. That part of the law of each state or nation which determines whether, in dealing with a legal situation, the
law or some other state or nation will be recognized, given effect, or applied (16 Am Jur, 2d, Conflict of Laws,
§1).
2. That part of municipal law of a state which directs its courts and administrative agencies, when confronted
with a legal problem involving a foreign element, whether or not they should apply a foreign law/s (Paras).
DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW

BASIS CONFLICT OF LAW LAW OF NATIONS

1 Municipal in International in
Nature character character

Sovereign states and

Dealt with by other entities
private individuals; possessing
governs individuals international
in their private personality, e.g.,
transactions which UN; governs states
2 Persons involve a foreign in their relationships
involved element amongst themselves

Generally affected
by public interest;
Private transactions those in general are
3 Transactions between private of interest only to
involved individuals sovereign states

Remedies Resort to municipal May be peaceful or

4 and tribunals forcible
Sanctions Peaceful: includes
diplomatic
negotiation, tender
& exercise of good
offices, mediation,
inquiry &
conciliation,
arbitration, judicial
settlement by ICJ,
reference to
regional agencies
Forcible:  includes
severance of
diplomatic
relations,
retorsions,
reprisals, embargo,
boycott, non-
intercourse, pacific
blockades,
collective measures
 under the UN
Charter, and war.

SOURCES:

Direct:

1.  Constitutions

2.  Codifications

1. Special Laws
2. Treaties and Conventions
3. Judicial Decisions
4. International Customs

Indirect:

1.   Natural moral law

1. Work of writers
TERMS:
Lex Domicilii – law of the domicile; in conflicts, the law of one’s domicile applied in the choice of law questions
Lex Fori – law of the forum; that is, the positive law of the state, country or jurisdiction of whose judicial system
of the court where the suit is brought or remedy is sought is an integral part. Substantive rights are determined
by the law where the action arose (lex loci) while the procedural rights are governed by the law of the place of
the forum (lex fori)
Lex Loci – law of the place
Lex Loci Contractus – the law of the place where the contract was made or law of the place where the contract
is to be governed (place of performance) which may or may not be the same as that of the place where it was
made
Lex Loci Rei Sitae – law of the place where the thing or subject matter is situated; the title to realty or question
of real estate law can be affected only by the law of the place where it is situated
Lex Situs – law of the place where property is situated; the general rule is that lands and other immovables are
governed by the law of the state where they are situated
Lex Loci Actus  – law of the place where the act was done
Lex Loci Celebrationis – law of the place where the contract is made
Lex Loci Solutionis – law of the place of solution; the law of the place where payment or performance of a
contract is to be made
Lex Loci Delicti Commissi – law of the place where the crime took place
Lex Mereatoria – law merchant; commercial law; that system of laws which is adopted by all commercial nations
and constitute as part of the law of the land; part of common law
Lex Non Scripta – the unwritten common law, which includes general and particular customs and particular local
laws
Lex Patriae  – national law
Renvoi Doctrine – doctrine whereby a jural matter is presented which the conflict of laws rules of the forum
refer to a foreign law which in turn, refers the matter back to the law of the forum or a third state. When
reference is made back to the law of the forum, this is said to be “remission” while reference to a third state is
called “transmission.”
Nationality Theory – by virtue of which the status and capacity of an individual are generally governed by the
law of his nationality.  This is principally adopted in the RP
Domiciliary Theory – in general, the status, condition, rights, obligations, & capacity of a person should be
governed by the law of his domicile.
Long Arm Statutes – Statutes allowing the courts to exercise jurisdiction when there are minimum contacts
between the non-resident defendant and the forum.
WAYS OF DEALING WITH A CONFLICTS PROBLEM:
1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens
DOCTRINE OF FORUM NON CONVENIENS – the forum is inconvenient; the ends of justice would be best served by
trial in another forum; the controversy may be more suitably tried elsewhere
1. Assume jurisdiction and apply either the law of the forum or of another state
1. i.      A specific law of the forum decrees that internal law should apply
1. APPLY INTERNAL LAW – forum law should be applied whenever there is good reason to do so; there is a good
reason when any one of the following factors is present:
Examples:
 Article. 16 of the Civil Code – real and personal property subject to the law of the country where they are
situated and testamentary succession governed by lex nationalii
 Article 829 of the Civil Code – makes revocation done outside Philippines valid according to law of the place
where will was made or lex domicilii
 Article 819 of the Civil Code – prohibits Filipinos from making joint wills even if valid in foreign country
1. ii.    The proper foreign law was not properly pleaded and proved
NOTICE AND PROOF OF FOREIGN LAW
 As a general rule, courts do not take judicial notice of foreign laws; Foreign laws must be pleaded and proved
 Effect of failure to plead and prove foreign law (3 alternatives) of the forum court:

(a)  Dismiss the case for inability to establish cause of action

(b)  Assume that the foreign law of the same as the law of the forum

(c)  Apply the law of the forum

1. The case falls under any of the exceptions to the application of foreign law
Exceptions to application of foreign law:

(a)  The foreign law is contrary to the public policy of the forum

(b)  The foreign law is procedural in nature

(c)  The case involves issues related to property, real or personal (lex situs)

(d)  The issue involved in the enforcement of foreign claim is fiscal or administrative

(e)  The foreign law or judgment is contrary to good morals (contra bonos mores)

(f)   The foreign law is penal in character

(g)  When application of the foreign law may work undeniable injustice to the citizens of the forum
(h)  When application of the foreign law might endanger the vital interest of the state

2. APPLY FOREIGN LAW – when properly pleaded and proved

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT
1. Theory of Comity – foreign law is applied because of its convenience & because we want to give protection to
our citizens, residents, & transients in our land
2. Theory of Vested Rights – we seek to enforce not foreign law itself but the rights that have been vested under
such foreign law; an act done in another state may give rise to the existence of a right if the laws of that state
crated such right.
3. Theory of Local Law– adherents of this school of thought believe that we apply foreign law not because it is
foreign, but because our laws, by applying similar rules, require us to do so; hence, it is as if the foreign law has
become part & parcel of our local law
4. Theory of Harmony of Laws – theorists here insist that in many cases we have to apply the foreign laws so that
wherever a case is decided, that is, irrespective of the forum, the solution should be approximately the same;
thus, identical or similar solutions anywhere & everywhere.  When the goal is realized, there will be “harmony
of laws”
5. Theory of Justice – the purpose of all laws, including Conflict of Laws, is the dispensing of justice; if this can
be attained in may cases applying the proper foreign law, we must do so
Rules on Status in General

Factual Situation Point of Contact

1 Beginning of personality of National law of the child

natural person (Article 15, CC)

2 Ways & effects of

emancipation Same

3
Age of majority Same

4 Use of names and

surnames Same

5
Use of titles of nobility Same

6
Absence Same

Lex fori (Article 43, 390,

7 Presumptive death & 391, CC; Rule 131 §5 [jj],
survivorship Rules of Court)
Rules on Marriage as a Contract

FACTUAL SITUATION POINT OF CONTACT

Lex loci celebrationis is

without prejudice to the
exceptions under Articles
25, 35 (1, 4, 5 & 6), 36, 37
& 38 of the Family Code
(bigamous & incestuous
marriages) & consular
Between Filipinos marriages

Lex loci
celebrationis EXCEPT if
the marriage is:
1. Highly immoral
(like bigamous/
polygamous
marriages)
2. Universally
considered
incestuous
(between brother-
sister, and
ascendants-
Between Foreigners descendants)
Celebrate
d Abroad Apply 1 (b) to uphold
Mixed validity of marriage

National law (Article 21,

FC) PROVIDED the
marriage is not highly
immoral or universally
Between Foreigners considered incestuous)
Celebrate National law of Filipino
d in RP (otherwise public policy
Mixed may be militated against)

Marriage by proxy (NOTE: Lex loci

a marriage by proxy is celebrationis (with
considered celebrated prejudice to the foregoing
where the proxy appears rules)
Rules on Marriage as a Status

FACTUAL SITUATION POINT OF CONTACT

National of
husband(Note: Effect of
subsequent change of
nationality:
1. If both will have a
new nationality –
the new one
2. If only one will
change – the last
common nationality
3. If no common
nationality –
nationality of
Personal rights &
1 obligations between husband at the time
husband & wife of wedding)

National law of husband

without prejudice to what
the CC provides
concerning REAL property
located in the RP (Article
80) (NOTE:  Change of
nationality has NO
EFFECT. This is
the DOCTRINE OF
IMMUTABILITY IN THE
2 Property relations bet MATRIMONIAL PROPERTY
husband & wife REGIME)

Rules on Property

FACTUAL SITUATION POINT OF CONTACT

Lex rei sitae (Article 16,

Real property CC)

Exception National law of decedent

Successional rights (Article 16 par. 2, CC)
s
National law of decedent
Capacity to succeed (Article. 1039)

The law intended will be

the proper law of the
Contracts involving real contract (lex loci
property which do not voluntantis or lex loci
deal with the title thereto intentionis)

Contracts where the real The principal contract

property is given as (usually loan) is governed
security by the proper law oft the
contract – (lex loci
voluntatis or lex loci
intentionis)NOTE:  the
 mortgage itself is
governed by lex rei sitae. 
There is a possibility that
the principal contract is
valid but the mortgage is
void; or it may be the
other way around.  If the
principal contract is void,
the mortgage will also be
void (for lack of proper
cause or consideration),
although by itself, the
mortgage could have been
valid.

Tangible personal property (choses in possession)

1 Lex rei sitae (Article. 16,

In General CC)

EXCEPTION: same as those

for real property EXCEPT
that in the example
concerning mortgage, the
same must be changed to
Exceptions: same as those pledge of personal
for real property property)

Means of Transportation

Law of the flag (or in

some cases, place of
Vessels registry)

Law of the depot (storage

2 place for supplies or
Other means resting place)

Things in transitu (these
things have a changing
status because they move)

Loss, destruction, Law of the destination

deterioration (Article. 1753, CC)

Locus regit actum (where

seized) – because said
Validity & effect of the place is their
seizure of the goods temporary situs

Lex loci volutantis or lex

3 Disposition or alienage of loci intentionis– because
the goods here there is a contract

 
 FACTUAL SITUATION POINT OF CONTACT

INTangIBLE PERSONAL PROPERTY

(CHOSES IN ACTION)

Where debtor may be

Recovery of debts or effectively served with
1 involuntary assignment of summons (usually the
debts (garnishment) domicile)

Lex loci voluntatis or lex

2 Voluntary assignment of loci intentionis(proper law
debts of the contract)

Other Theories:
1. National law of the debtor or creditor
2. Domicile of the debtor or creditor
3. Lex loci celebrationis
4. Lex loci solutionis

3
Taxation of debts Domicile of creditor

Lex situs of assets of the

debtor (for these assets
4 can be held liable for the
Administration of debts debts)

The right embodied in the

instrument (for example,
in the case of a Swedish
Negotiability or non- bill of exchange, Swedish
5 negotiability of an law determines its
instrument negotiability)

In general, situs of the

Validity of transfer, instrument at the time of
6 delivery or negotiation of transfer, delivery or
the instrument negotiation

Effect on a corporation of
7 the sale of corporate Law of the place
shares incorporation

Lex loci voluntatis or lex

loci intentionis (proper
law of the contract) – for
this is really a contract;
Effect between the usually this is the place
8 parties of the sale of where the certificate is
corporate shares delivered)

9 Taxation on the dividends Law of the place of

of corporate shares incorporation
 1 Taxation on the income Law of the place where
0 from the sale of corporate the sale was
shares consummated

1
1 Law of the place that
Franchises granted them

1
2 Goodwill of the business & Law of the place where
taxation thereto the business is carried on

In the absence of a treaty,

they are protected only by
the state that granted
themNOTE: foreigners
may sue for infringement
of trademarks and trade
names in the RP ONLY IF
1 Filipinos are granted
3 Patents, copyrights, reciprocal concessions in
trademarks, trade names the state of the foreigners

Wills, Succession & Administration of Conflict Rules

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Wills

Lex nationalii OR lex
domicilii OR RP law
(Article 816, CC), OR lex
1 loci celebrationis(Article
Made by an alien abroad 17(1))

2 Lex nationalii OR lex loci

Made by a Filipino abroad celebrationis(Article 815)

3 Lex nationalii OR lex loci

Made by an alien in the RP celebrationis(Article 817)

FACTUAL SITUATION POINT OF CONTACT

Extrinsic Validity of Joint Wills

(made in the same instrument)

Lex nationalii (void, even

1 if valid where made)
Made by Filipinos abroad (Article 819)
 Valid if valid according
2 to lex domicilii or lex loci
Made by aliens abroad celebrationis (Article 819)

Lex loci
celebrationis therefore
void even if apparently
allowed by Article 817
because the prohibition on
3 joint wills is a clear
Made by aliens in the RP expression of public policy

Lex nationalii of the

deceased – regardless of
the LOCATION & NATURE
of the property (Article 16
Intrinsic Validity of Wills (2))

Lex nationalii of the

deceased – not of the heir
Capacity to Succeed (Article 1039)

Revocation of Wills

1 Lex loci actus (of the

If done in the RP revocation) (Article. 829)

If done OUTSIDE the RP

Lex loci celebrationis (of

the making of the will,
1. By a NON- NOT revocation), OR lex
DOMICILIARY domicilii(Article 829)

Lex domicilii (RP law)

2 1. By a DOMICILIARY OR lex loci actus (of the
of the RP revocation) (Article 17)

Probate of Wills Made Abroad

Lex fori of the RP applies

as to the procedural
aspects, i.e., the will
must be fully probated
1 here & due execution
If not yet probated abroad must be shown

Lex fori of the RP again

applies as to the
procedural aspects; must
also be probated here, but
instead of proving due
execution, generally it is
enough to ask for the
enforcement here of the
2 foreign judgment on the
If already probated abroad probate abroad

Executors and Administrators

 Place where domiciled at
death or incase of non-
1 domiciliary, where assets
Where appointed are found

Co-extensive with the

qualifying of the
appointing court – powers
may only be exercised
within the territorial
jurisdiction of the court
concernedNOTE: these
rules also apply to
principal, domiciliary, or
ancillary administrators &
2 receivers even in non-
Powers successive cases

Rules on Obligation and Contracts

FACTUAL SITUATION POINT OF CONTACT

Lex loci
celebrationis (Article 17
Formal or Extrinsic Validity {1})

Exceptions

1. Alienation &
encumbrance of
property Lex situs (Article 16 [1])

Law of the RP (if made in

1. Consular contracts RP consulates)

National law (Article 15)

without prejudice to the
case of Insular
Government v Frank 13 P
236, where the SC
adhered to the theory
Capacity of Contracting Parties of lex loci celebrationis

Exception 

Alienation & encumbrance

of property Lex situs  (Article 16 {1})

Proper law of the contract

Intrinsic validity (including – lex contractus(in the
interpretation of the broad sense), meaning
instruments, and amt. of the lex voluntatis or lex
damages for breach) loci intentionis

Other Theories are:

1. Lex loci celebrationis (defect: this makes possible the
evasion of the national law)
2. Lex nationalii (defect: this may impede commercial
transactions)
 3. Lex loci solutionis (law of the place of performance)
(defect: there may be several places of performance
4. Prof Minor’s solution:
5. Perfection – lex loci celebrationis
6. Cause or consideration – lex loci considerations
7. Performance – lex loci solutionis (defect: this theory
combines the defect of the others)

Rules on Torts

FACTUAL SITUATION POINT OF CONTACT

Lex loci delicti (law of the

place where the delict was
committed)NOTE:  liability
for foreign torts may be
enforced in the RP if:
1. The tort is not
Liability & damages for penal in character
torts in generalNOTE:  2. If the enforcement
The locus delicti (place of of the tortious
commission of torts) is liability won’t
faced by the problem of
characterization.  In civil contravene our public
law countries, the locus policy
delicti is generally where 3. If our judicial
the act began; in common
machinery is
law countries, it is where
the act first became adequate for such
effective enforcement

Rules on Crimes

FACTUAL SITUATION POINT OF CONTACT

Generally where
Essential elements of a crime committed (locus regit
and penalties actum)

Theories as to what court has jurisdiction:

1. Territoriality theory – where the crime was committed
2. Nationality theory – country which the criminal is
citizen or a subject
3. Real theory – any state whose penal code has been
violated has jurisdiction, where the crime was
committed inside or outside its territory
4. Protective theory – any state whose national interests
may be jeopardized has jurisdiction so that it may
protect itself
5. Cosmopolitan or universality theory – state where the
criminal is found or which has his custody has
jurisdiction
6. Passive personality theory – the state of which the
victim is a citizen or subject has jurisdiction
NOTE:  In the RP, we follow the territoriality theory in
 general; exception: Article 2, RPC, stresses the protective
theory

The locus delicti of certain

crimes

Frustrated an Where the victim was

consummated, homicide, injured (not where the
1 murder, infanticide & aggressor wielded his
parricide weapon)

Where the intended victim

was (not where the
aggressor was situated) –
so long as the weapon or
the bullet either touched
2 him or fell inside the
Attempted homicide, etc. territory where he was

3 Where the illegal marriage

Bigamy was performed

Where the property was

unlawfully taken from the
victim (not the place to
which the criminal went
4 after the commission of
Theft & robbery the crime)

Where the object of the

crime was received (not
where the false
5 Estafa or swindling thru representations were
false representation made)

Conspiracy to commit Where the conspiracy was

treason, rebellion, or formed (not where the
seditionNOTE: Other overt act of treason,
6 conspiracies are NOT rebellion or sedition was
penalized by our laws committed)

7 Where published or
Libel circulated

Any place where the

8 offense begins, exists or
Continuing crime continues

Any place where any of

9 the essential elements of
Complex crime the crime took place

Rules on Juridical Persons

FACTUAL SITUATION POINT OF CONTACT

Corporations
 General rule: the law of
the place of
incorporationEXCEPTIONS:
1. For constitutional
purposes – even of
the corporation
was incorporated in
the RP, it is nor
deemed a Filipino
corporation &
therefore can’t
acquire land,
exploit our natural
resources, 7
operate public
utilities unless 60%
of capital if Filipino
owned
2. For wartime
purposes – we
pierce the
corporation veil &
go to the
nationality of the
controlling
stockholders to
determine if the
corporation is an
enemy (CONTROL
Powers and liabilities TEST)

Formation of the
corporation (requisites);
kind of stocks, transfer of
stocks to bind the
corporation, issuance,
amount & legality &
dividends, powers &
duties of members, Law of the place of
3. stockholders and officers incorporation

Law of the place of

incorporation & law of the
Validity of corporate acts place of performance (the
& contracts act or contract must be
(including ultra vires acts) authorized by BOTH laws)

Right to sue &

amenability to court
processes & suits against
it Lex fori

Manner & effect of Law of the place of

dissolution incorporation provided
 that the public policy of
the forum is not militated
against

If not fixed by the law

creating or recognizing
the corporation or by any
other provision – the
domicile is where it is
legal representation is
established or where it
exercises its principal
Domicile functions (Article. 15)

Principal receiver is
appointed by the courts of
the state of
incorporation; ancillary
receivers, by the courts of
any state where the
corporation has assets
(authority is CO-
EXTENSIVE) w/ the
Receivers (appointment & authority of the
powers) appointing court

NOTE:  Theories on the personal and/or governing law of

corporations:
1. Law of the place of incorporation (this is generally
the RP rule)
2. Law of the place or center of management (center
for administration or siege social) (center office
principle)
3. Law of the place of exploitation (exploitation
centre or siege d’ exploitation)

Partnerships

The personal law of the

partnership, i.e., the law
The existence or non- of the place where it was
existence of legal created (Article 15 of the
personality of the firm; Code of Commerce)
the capacity to contract; (Subject to the exceptions
liability of the firm & the given above as in the case
partners to 3rd persons of corps.)

Creation of branches in
the RP; validity & effect
of the branches’ RP law (law of the place
commercial transaction; where branches were
& the jurisdiction of the created) (Article 15, Code
court of Commerce)

Dissolution, winding up, &

termination of branches RP law (Article 15, Code
in the RP of Commerce)

Domicile If not fixed by the law

creating or recognizing
 the partnership or by any
other provision – the
domicile is where it is
legal representation is
established or where it
exercises its principal
functions (Article. 15)

RP law insofar as the

assets in the RP are
concerned can be
exercised as such only in
Receivers the RP

Foundations (combination of Personal law of the

capital independent of foundation (place of
individuals, usually not for principal center of
profit) administration)