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7/23/2019 3nd Exam Conflicts Final
http://slidepdf.com/reader/full/3nd-exam-conflicts-final 1/13
CONFLICT OF LAWS
Chapter XVIII
PATERNITY and FILIATION, ADOPTION,GUARDIANSHIP, and FUNERALS
PATERNITY & FILIATION
Definitions
1. Paternity – civil status of the father with respect to the
child begotten by him
2. Filiation – status of the child in relation to the parent3. Paternal affection – love of the parents for the child
4. Filial affection – love of the child for the parents
Include the following
1. Parental authority
2. Reciprocal Support
3. Recognition
4. Rights and obligations of parents and children
Legiti!acy
s ordinarily understood! it means the status ac"uired by a
person who is born in lawful wedloc# to parents who aremarried to each other at the time of his birth.
I!"ortance of Deter!ining Legiti!acy
$nder practically all systems of the world! legitimatechildren have rights superior to those of illegitimate
children! particularly with respect to inheritance
Legiti!acy under Phili""ine Law
$nder our conflicts rule e%pressed in rt. 1& of the 'ivil
'ode! the (ational )aw of the *+,-R determines the
"uestion of legitimacy of the child status/.
# 'onsidering the rule that matters of procedure are
ordinarily governed by the internal law obtaining in the
forum! why are presumptions of legitimacy governed by thenational law of the father rather then by the lex fori?A0 n 'onflict of )aws! presumptions of legitimacy are not
mere rules of evidence! they are rules of substantive law
# hat is the "uestion in Private nternational )awA +he "uestion is not whether or (+ a person was born
in lawful wedloc# 5$+ which system of municipal law is
to provide the test of legitimacy. +o specify what system of
law shall decide whether or not a given person is bornlegitimate.
Paternity & Filiation
$te"s to %e Taen in 'haracteri(ation
1. 6etermine whether or not the child is legitimate
2. 6etermine what law governs the relationship between
parent and child
Legiti!ation
+he remedy or process by means of which those who were
not in fact born in wedloc#! and should therefore beconsidered illegitimate! are! by fiction and upon compliance
with certain re"uirements regarded by law as legitimate
# hat law will determine whether a child is legitimate or notA +he (+() ) of the *ather of the child
Doctrine of I!!uta%ility of $tatus
)egitimacy! once created under the personal law of the
parent! either by birth of the child by legitimation! is a
permanent status. +herefore! change of parent7s nationality
does (+ affect status of the child as legitimate.
)owe*er
+he rights and duties flowing as incidents from the status of legitimacy may be modified by a change of the personal law
deemed to be decisive of the child7s status
n short! the child7s legitimacy is immutable! but the incidents
of his status are not.
Effect of 'hange in Nationality in Relation to Doctrine of I!!uta%ility
1. Pro"erty Relations + ( change
2. Personal Relations + 'hanges
3. $tatus of the 'hild + ( change
4. Relationshi" %etween Parents and 'hildren ,
'hanges
$yno"sis of the Pertinent 'onflict Rules
Factual $ituation
Point of 'ontract
PATERNITY and
FILIATION
If the child is
- Legiti!ate + NATIONAL LA.
of the Father
/ Illegiti!ate
- If Recogni(ed %y Father +
National Law of Father
/ If NOT Recogni(ed %y
Father + National Law of
0other
ADOPTION
Definition
Ado"tion + the process of ma#ing a child! whether related or not to the adopter! possess in general the rights accorded to a
legitimate child
Issues in 'onflict of Laws with res"ect to Ado"tion relate
to se*eral !atters
First + the particular court7s 8urisdiction to grant
adoption $econd + the capacity of aliens to adopt
Third + the effect or conse"uences of adoption in theforum and in other states
E1a!"le
Roger merican businessman! domiciled in 'alifornia/!
marries 9aria *ilipina widow nurse in 'alifornia/ in the
$S. fter 3 years of marriage! they ta#e a long vacation inthe Philippines. Roger and 9aria decide to adopt ndy! : year
old son of 9aria. +hey file a petition for ndy7s adoption with
the R+' of 9a#ati
# Does the RT' 0aati ha*e 2urisdiction to grant the
"etition for ado"tion3
A ;es
# .hat law will it a""ly3
A Philippine law on adoptio(
4asic Princi"les on ADOPTION
-5 'a"acity to ado"t + determined by the (+() )
of the 6P+-R
a. ,e must not be dis"ualified to adopt in his own
country
From the lectures of Atty. Melissa Romaa Suare!" #$Maresa -
7/23/2019 3nd Exam Conflicts Final
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CONFLICT OF LAWS
b. 5ut it does not necessarily follow that if he is
capacitated to adopt in his country! he is automaticallycapacitated to adopt in RP
/5 $tatus 'reated %y Ado"tion + determined by the
(+() ) of the 6P+-R So! if one is considered adopted in the
country of the adopter! he is considered adopted inRP
65 Ado"tion does not confer Fili"ino citi(enshi"
'an ALIEN$ Ado"t in RP3
Art5 -789 Fa!ily 'ode
:old law;
RA 7<<6 :new law;
=eneral
Rule
Aliens 'ANNOT
ado"t in RP
Aliens 'ANNOT ado"t
in RP
E1ce"tio
ns
- FOR0ER
FILIPINO'ITI>EN who
wants to ado"t a
relati*e %y
'ON$AN=?ITY
- FOR0ER
FILIPINO'ITI>EN who
wants to ado"t a
relati*e %y
'ON$AN=?INITY
or AFFINITY
within the 8th ci*il
degree
Art5 -789 Fa!ily 'ode
:old law;
RA 7<<6 :new law;
E1ce"tions
6 One who is0ARRIED to a
Fili"ino and sees
to @OINTLY
ADOPT a relati*e
%y
'ON$AN=?ITY
of the Fili"ino
s"ouse
6 One who is0ARRIED to a
Fili"ino and sees
to @OINTLY
ADOPT a relati*e
%y
'ON$AN=?ITY
or AFFINITY
within the 8th ci*il
degree of the
Fili"ino s"ouse
Art5
-789 F'
RA 7<<6 :new law;
E1ce"tion 8 E*en if the Aliens has NO
Relati*e in the RP9 he !ay ado"t
if
- )e is resident of the RP for 6
continuous years PRIOR to
filing of "etition for
ado"tion
/ )e !aintains his residence
in RP until the decree of
ado"tion is entered into
Art5 -789 Fa!ily
'ode
RA 7<<6 :new law;
E1ce"tio
n
6 )e !ust ha*e legal
ca"acity to ado"t
under the laws if
his own country
8 )is 'ountry allows
the ado"ted child
to enter
Note ery Restricti*e +
Essence of
Ado"tion is ONLY
Binshi"
Less Restricti*e + Residency
is now taen into
consideration
Ado"tion %y )us%and and .ife :Art5 -7< Fa!ily 'ode;
-5 =eneral Rule + , and must <(+); adopt5
/5 E1ce"tions + here one spouses see#s to adopt0a. ,is own illegitimate child! or
b. +he legitimate child of the other spouse
'an a Fili"ino Ado"t an Alien in RP3
-5 ?nder the Art5 -7C of the FA0ILY 'ODE + an alien of a
country whose government has no relations with the RP
'((+ be adopted
/5 RA 7<</ + Removed the dis"ualifications under the *amily
'ode
65 Therefore liens 9; be adopted by a *ilipino in RP"ro*ided
a5 +he adoptee is below 1= years old unless
the *ilipino adopter has always treated him as his
own child/ b. +he adoptee is 8udicially or administratively
declared available for adoption
85 n RP! adoption by a *ilipino does (+ confer citi>enship
on an adopted alien child
Inter,'ountry Ado"tion
-5 Features
a5 +he alien or *ilipino is permanently residing
abroad
b. +he petition is filed abroadc. supervised trial custody is underta#en abroad
d. +he decree of adoption is issued abroad
/5 @udicial "artici"ation is NOT reuired
$yno"sis of the Pertinent 'onflict Rules
Factual $ituation
Point of 'ontact
From the lectures of Atty. Melissa Romaa Suare!" #$Maresa /
7/23/2019 3nd Exam Conflicts Final
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CONFLICT OF LAWS
ADOPTION + including
-5 'reation of the status of
ado"tion9 and
/5 Rights and O%ligations of
ado"ter and ado"ted
NATIONAL Law of the
ADOPTER
=?ARDIAN$)IP
Factual
$ituation
Point of 'ontract
- O*er the
PER$ON of
the .ard
A""ointing
'ourt
'ourt of DO0I'ILE of
.ARD
Powers of
=uardian
'oe1tensi*e with those
of a""ointing court :law
of the a""ointing state;
:no e1tra,territoriala""lication;
Factual $ituation Point of 'ontract
/ O*er the
PROPERTY of
the .ard
A""ointing
'ourt
'ourt where the
PROPERTY is
FO?ND :LE REI
$ITAE;
Powers of
=uardian
'oe1tensi*e with
those of a""ointing
court :law of the
a""ointing state; :noe1tra,territorial
a""lication;
Factual $ituation Point of 'ontract
6 O*er the PER$ON
& PROPERTY of
the .ard
A""ointing
'ourt
'ourt of
DO0I'ILE of
.ARD
Powers of
=uardian
'oe1tensi*e with
those of a""ointing
court :law of the
a""ointing state;
F?NERAL$
:incidents thereof;
.here the 4ODY is 4?RIED
'onflicts Rules on Ado"tion
1. ?( the status of adoption has been created! depends on
the national law of the adopter
2. f the adoption ta#es place in the RP! our country7s
procedural re"uisites must be complied within accordance
with the theory of le% fori on procedural matters
3. +he rights and obligations of the adopter and the adopted
are governed by the national law of the adopter
REAL AND PER$ONAL PROPERTIE$
- =eneral Rule + ssues concerning real property shall
be
governed by the law of the place where the property issituated [lex rei sitae]
/ E1ce"tions
- R6-R * S$''-SS() R@,+S – (+() ) of the 6-'-6-(+ rt. 1AB2C
'ivil 'ode/
/ 'P'+; to S$''--6 in inheritance cases –
(+() ) of the 6-'-6-(+ rt. 1D3E'ivil 'ode/
/ E1ce"tions9 contG
6 'ontracts involving R-) property but which do
(+ deal with the ++)- thereto F the proper law of
the contract which is either the0
1 Lex loci voluntatis – the law of the place
voluntarily agreed upon
2 Lex loci intentionis – the law of the place
intended by the parties
8 'ontracts where the R-) property is given asS-'$R+; such as loan with mortgage/
1 +he principal contract loan/ – the proper law of
the contract [lex loci voluntatis or lexl loci
intentionis]! and
2 +he accessory contract mortgage/ – lex rei sitae
Real Pro"erty Issues
.hat are =o*erned %y Le1 Rei $itae
1. -%trinsic Galidity of lienations
2. ntrinsic Galidity of lienations
3. +ransfers including sale! barter! e%change/
4. 9ortgage&. 'apacity of Parties
A. nterpretation of 6ocuments
:. -ffects of wnership
=. 'o – wnershipE. Possession including adverse/
1D. ccession
11. $sufruct
12. )ease13. -asement
14. Police Power
1&. -minent 6omain1A. +a%ation1:. Huieting of +itle
1=. Registration
1E. Prescription
Issues that !ay %e deter!ined %y the lex situs:
1. ho may own real property
2. $nder what conditions may the land be held3. $nder what uses may the land be put
4.ho has the capacity to transfer interest in or to convey
property
E1a!"le:
9aria! a *)P( married woman! e%ecutes a promissory
note in ,ong#ong! giving as security for it a mortgage on land
in the RP.$nder RP law 9aria has no power to ma#e the conveyance
without the consent of her husband.
#: 'an the mortgage be enforced in the RP
From the lectures of Atty. Melissa Romaa Suare!" #$Maresa 6
7/23/2019 3nd Exam Conflicts Final
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CONFLICT OF LAWS
A: N o! although she may have the capacity to e%ecute the
P( in ,I. 5ecause this issue is governed by the lex rei sitae
)owe*er lthough the mortgage is unenforceable in the
RP! the P( may be a valid personal obligation if sanctioned by the proper law of the contract ,I/
$yno"sis of 'onflicts Rules
Factual $ituation Point of 'ontact
=eneral Rule ,
Anything in*ol*ing
"ro"erty
Lex Rei Sitae
E1ce"tions
- $uccessional rights National Law of Decedent HArt5
-:-; 'i*il 'odeJ
/ 'a"acity to succeed National Law of Decedent HArt5
-K69 'i*il 'odeJ
6 'ontracts in*ol*ing
real "ro"erty %ut do
not deal with title
thereto
The Pro"er Law of the 'ontract
:lex loci voluntatis or lex loci
intentionis]
8 'ontracts where real
"ro"erty is gi*en as
security
Princi"al
'ontract
Lex loci voluntatis
or lex loci
intentionis]
Accessory
'ontract
Lex rei sitae
0OA4LE PROPERTY
0o*a%le Pro"erty is of two :/; inds
-5 'hoses in "ossession + usually identified with tangible
ob8ects things that can be seen and touched//5 'hoses in action + are rights! legal titles or claims to
something such as debts! patents! copyright! goodwill!
trademar#s and shares of stoc#/! subdivided into choses in
action0a5 that are mere rights + such as the right to
collect from a debtor! or %5 choses in action represented by document
'hose
thing! an article or property! a thing that can be seen andtouched
Rule with Res"ect to 'hoses in Possession
-5 =eneral Rule , the law of the State in which the
property is located at the time of the transaction in "uestion
lex rei sitae Brt. 1A1/! 'ivil 'odeC/ determines the
creation and transfer of interests in choses in possessionsame as the rule in real property/
/5 E1ce"tions + same as those for real property e%cept that
in the e%ample concerning the mortgage the same must bechanged to a pledge of personal property
E1a!"le
=eneral Rule + a *ilipino/ buys a watch while strollingalong the streets of @eneva5
# hat law will govern the sale of the watch to JA+he sale of the watch will be sub8ect to the laws of Swit>erland
Effect
J a *ilipino/ will have the rights conferred by Swiss law to
the owner of movable property pursuant to sale thereof to him
Reason 'ommerce depends on the protection of the
purchaser who must buy without investigation of the
applicable law! at least not beyond where the goods arelocated! which is usually the place of transaction! as well.
# re there instances where the lex situs will not be appliedA ;es! where the transaction loo#s toward future delivery and
the location of the chattel bears no significant relationship to
the transaction until delivery F this may call for the application
of Kthe proper law of the transactionL which is K the law most
significantly related to the issue presented”
E1a!"le :$hanahan *5 Landers;
P! in (ew ,ampshire agreed to buy a power trench hoe fromS. +he contract of conditional sale was e%ecuted in
9assachusetts. +he hoe was delivered to P in Germont where
it was used on a single 8ob.
)ater! P brought the hoe to (ew ,ampshire where it was usedfurther.
9eanwhile! S assigned P7s contract and promissory notes to *!a financing company.
hen P failed to ma#e his payments! * repossessed the hoe in
(ew ,ampshire.
* too# the hoe to 9assachusetts where it was resold to 5.
+he case was filed in 9assachusetts$itus of the sale0 9assachusetts
?nder 0assachusetts law +he resale is lawful
?nder New )a!"shire law +he resale is unlawful because a
1DFday notice of resale must have been given to P by *! failing
to do so is tantamount to conversion
Issue hat law will govern the validity of the resale of the
hoe from * to 5
)eld +he law of (ew ,ampshire will govern the validity of the resale of the hoe from * to 5.
Reason t was selected due to its substantial connection withthe transaction! as it was01. +he place where the buyer signed the contract of resale
2. +he place of business of the buyer
3. +he place where the hoe was #ept
4. +he place where the alleged conversion too# place in amanner contrary to that State7s law
Another instance where the le1 situs !ay %e disregarded
hen the goods are in transit
$yno"sis of 'onflicts Rules on Tangi%le Pro"erty
Tangi%le Personal Pro"erty :'hoses in Possession;
Factual $ituation
Point of 'ontact
- 0eans of trans"ortation
1 SeaFgoing Gessels
1 +ransaction such as
sale or mortgage of the
vessel/ while in thehigh seas
+he law of the *)@ Bor
in some cases! the law of
the P)'- of R-@S+R;C
From the lectures of Atty. Melissa Romaa Suare!" #$Maresa 8
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CONFLICT OF LAWS
2 f the vessel is doc#edin a foreign port
+he law of said port as itis usually regarded as a
temporary lex situs
2 ther means of transport
such as railway trains!motor cars! aircraft/
+he law of the state of
6-P+ Bstorage placefor suppliesC or
R-S+(@ P)'-
/ =oods in Transitu Bthese things have a changing status because they moveC
Factual $ituation Point of 'ontact
1 )oss! destruction!
deterioration of goods intransitu
+he law of the state of
6-S+(+( Brt. 1:&3'ivil 'odeC
1 f the destination is
changed
+he law of the state of (-
destination
2 f the goods were
never shipped
+he law of the place of the
actual situs
2 Galidity and effect of
sei>ure of goods
+he locus regit actum Blaw
of the place where goods
were sei>edC
3 6isposition or alienation
of the goods
+he lex loci voluntatis or
lex loci intentionis
'hoses in Possession
Rules in International Air Trans"ortation
-5 Da!age to or Delay in the arri*al of goods + arsawconvention
/5 #uestions on 2urisdiction + arsaw 'onvention but
procedural matters are governed by the lex fori]
65 Prescri"ti*e "eriod for filing a case + arsawconvention but method of calculating period of limitation
is governed by the lex fori]
Note
Some authors say the "uestions arising from transactions
involving movables in transit may be resolved by referring
to the law of any place having a substantial connection withthe transaction which would uphold its validity the owner of the goods is permitted to choose between several legal
systems
Factual $ituation Point of 'ontact
- De%ts or si!"le rights of
action arising fro!
contracts
- Reco*ery of de%ts or
in*oluntary
assign!ent of de%ts
Hgarnish!entJ
The law of state where
DE4TOR or =ARNI$)EE
!ay %e effecti*ely
$ERED with $?00ON$
Husually the do!icileJ
/ oluntary assign!ent
of de%ts
Lex loci voluntatis or lex
loci intentionis H"ro"er law
of the contractJ
6 Ta1ation of de%ts The law of the state of
do!icile of creditor
8 Ad!inistration of Lex situs of assets of the
de%ts de%tor Hfor these assets can
%e held lia%le for the
"ay!ent of the de%ts
Factual $ituation Point of 'ontact
/ Negotia%le Instru!ents
- Negotia%ility or non,
negotia%ility of an
instru!ent H%ill of
e1change9 for
e1a!"leJ
The law of the state that ga*e
rise to the right e!%odied in
the instru!ent Hfor e1a!"le9
in the case of a $wiss %ill of
e1change9 $wiss law
deter!ines its negotia%ilityJ
/ alidity of transfer9
deli*ery or
negotiation of the
instru!ent
In general9 lex situs of the
IN$TR?0ENT at the ti!e of
transfer9 deli*ery or
negotiation
Factual $ituation Point of 'ontact
6 $hares of $toc
- Effect on a
cor"oration of the
sale of cor"orate
shares
Law of the state of
IN'ORPORATION :to %ind
the cor"oration9 the transfer
!ust %e recorded in its %oos;
/ Effects %etween the
"arties of the sale
of cor"orate share
Lex loci voluntatis or lex loci
intentionis H"ro"er law of the
contractJ + for this is really a
contract usually9 this is the
"lace where the certificate is
deli*ered
6 Ta1ation on the
di*idends of
cor"orate shares
Law of the state of
IN'ORPORATION
8 Ta1ation on the
inco!e fro! the
sale of cor"orate
shares
Law of the state where the sale
was 'ON$?00ATED
Factual $ituation Point of 'ontact
4 Franchises )aw of the state that @R(+-6
them
& =oodwill of a %usiness
and ta1ation thereon
)aw of the state where the
5$S(-SS is carried on
A Patents9 co"yrights9
trade!ars9 trade
na!es
n the absence of a treaty! they
are PR+-'+-6 (); by theS++- that @R(+-6 them
(+-0 *oreigners may sue for
infringement of trade mar#s and
trade names in the Philippinesonly if *ilipinos are granted
reciprocal concession in the state
of the foreigners rt. 3 of the
P)/
Rules of $itus
From the lectures of Atty. Melissa Romaa Suare!" #$Maresa <
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CONFLICT OF LAWS
Factual $ituation $itus E1a!"le
- Negotia%le Instru!ents
- O%ligations of the
!aer of the note
and acce"tor of
the draft
The state
designated in the
instru!ent as the
"lace of "ay!ent
/ In the a%sence of
the designated
"lace
The state where
the instru!ent
was deli*ered
Factual $ituation $itus E1a!"le
- Negotia%le
Instru!ents
6 Issue at to
whether or not
the instru!ent
is negotia%le
The state that
gi*es rise to the
rights
e!%odied in
the instru!ent
Negotia%ility of a
Phili""ine draft is
deter!ined %y
Phili""ine law
8 Issue as to
whether or not
the instru!ent
has %een legally
transferred or
deli*ered
The state of the
instru!ent at
the ti!e of
transfer9
deli*ery or
negotiation
.hen a Fili"ino
negotiates a PN4
chec to another
Fili"ino enroute to
'anada9 while on a
sto"o*er at Toyo
+ su%2ect to
*alidity of the
negotiation of the
instru!ent to@a"anese law
Factual $ituation $itus E1a!"le
/ 'hecs
- Issue as to
whether or not
the o%ligation has
%een
consu!!ated
The state of
deli*ery :Li!
*5 'A9 /<-
$'RA 8K7;
Negotia%ility of a
Phili""ine draft
is deter!ined %y
Phili""ine law
6 De%ts
- If the de%t has
%een created %y
contract
The state
sti"ulated in
the contract
/ If 2udicial action
is to %e taen on
the de%t
The state
where the
de%tor !ay %e
effecti*ely
ser*ed with
su!!ons
Factual $ituation $itus E1a!"le
8 $hares of $toc
- The relation
%etween the
shareholder
and the
cor"oration
The state of
incor"oration
/ The rights of
assignor and
assignee of
share of stoc
The state with the
!ost significant
relationshi" to the
transaction to
control
6 For "ur"oses of
attach!ent
The state where the
President or!anaging agent of
the cor"oration is
:Rule <C $ec5 CJ
.ILL$9 $?''E$$ION9 AND AD0INI$TRATION
.ills and $uccession
'onflicts Rules on Intrinsic alidity
Art5 -:/; 'i*il 'ode – ntestate and testamentary
successions! both will respect to the order of succession and tothe amount of successional rights and to the intrinsic validity
of testamentary provisions! shall be regulated by the
(+() ) of the P-RS( ,S- S$''-SS( is
$(6-R '(S6-R+(! whatever may be the nature of the property and regardless of the country wherein said
property may be found. B1DaC
Art5 -K69 'i*il 'ode + 'apacity to succeed is governed bythe ) of the (+( of the 6-'-6-(+. BnC
Intrinsic alidity 'o*ers
- ?nder Art5 -H/J9 'i*il 'ode
-
rder of succession0
/ mount of successional rights
6 ntrinsic Galidity of provisions of the will
/ ?nder Art5 -K69 'i*il 'ode , 'apacity of heir to
succeed
Factual $ituation Point of 'ontact
ntrinsic Galidityof a ill
(+() ) of the +-S++R or 6-'-6-(+
'ases
1. -state of 5ohanan v. 5ohanan <an 3D! 1EAD/
2. 5ellis v. 5ellis <un A! 1E:A/
3. >nar v. @arcua <an. 31! 1E:3/
ETRIN$I' or FOR0AL ALIDITY
1. *orm of the ill
2. ge of +estator
3. (umber of itnesses4. 'apacity of +-S++R to 9I- a ill
'onflicts Rule on For!al alidity
Art5 -C9 'i*il 'ode + +he forms and solemnities of contracts!wills and other public instruments shall be governed by the
From the lectures of Atty. Melissa Romaa Suare!" #$Maresa
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CONFLICT OF LAWS
laws of the country in which they are e%ecuted [Lex Loci
Celebracionis]
Rules on E1trinsic alidity
Factual
$ituation
Produces Effect in the
RP if E1ecuted in
Accordance with
'onflicts Rule
1 will made5R6 by
a *)P(
1 Lex LociCelebracionis law
of the country
where the will was
e%ecuted/! or
rt. =1& – hen a*ilipino is a foreign
country! he is
authori>ed to ma#e
a will in any of theforms established
by the law of the
country in which
he may be. Suchwill may be
probated in the
Philippines
2 ,is (+()
)aw
Factual
$ituation
Produces Effect in RP
if E1ecuted in
Accordance with
'onflicts Rule
2 will made
5R6 by
an )-(
1 Lex Loci
Celebracionis
law of thecountry where the
will was
e%ecuted/! or
rt. =1A – +he will
of an alien who is
abroad produceseffect in the
Philippines if made
with the formalities
prescribed by thelaw of the place in
which he resides! or
according to the
formalities observedin his country! or in
conformity with
those which this
'ode prescribes BnC.
2 +he law of his69')-! or
3 ,is (+()
law!or
4 Philippine )aw
Factual
$ituation
Produces Effect in
the RP if E1ecuted
in Accordance with
'onflicts Rule
3 will made in
the Philippines by an )-(
1 ,is (+()
)aw
rt. =1: – will
made in thePhilippines by a
citi>en or sub8ect of
another country!
which is e%ecuted inaccordance with the
law of the country of
which he is citi>en
or sub8ect! andwhich might be
proved and allowed
by the law of his
own country! shallhave the same effect
as if e%ecuted
according to the laws
of the Philippines.BnC
/ Philippine )aw
PRO4ATE of .ILL$
Pro%ate
+he proof of establishing! before the appropriate tribunal! that
the document is the valid last will and testament of thedeceased! as well as the certification of such court that the will
was e%ecuted by a competent testator in the manner prescribed
by law.
The "ro%ate of a will is conclusi*e
1/ as to its due e%ecution! and
2/ as to the testamentary capacity of the testator
5$+ does (+ affect the intrinsic validity of the provisions
of the will.
E1trinsic or For!al alidity of .ills
Rule on .ills Pro%ated in a Foreign 'ountry Rule !ec" #" $ill %roved &utside the %hilippines may be
'llowed (ere ) ills proved and allowed in a foreign country!according to the laws of such country! may be allowed! filed!
and recorded by the proper 'ourt of *irst nstance R+'/ in
the Philippines
Rule on .ills Pro%ated in a Foreign 'ountry9 contG
Rule !ec" *" Notice of hearing for allowance F hen a copy
of such will and of the order or decree of the allowance
thereof! both duly authenticated! are filed with a petition for allowance in the Philippines! by the e%ecutor or other person
interested! in the court having 8urisdiction! such court shall fi%
a time and place for the hearing! and cause notice thereof to be
given as in case of an original will presented for allowance.
E1trinsic or For!al alidity of .ills
Rule on .ills Pro%ated in a Foreign 'ountry
Rule !ec" +" $hen will allowed, and effect thereof ) f itappears at the hearing that the will should be allowed in the
Philippines! the court shall so allow it! and a certificate of its
allowance! signed by the 8udge! and attested by the seal of the
court! to which shall be attached a copy of the will! shall befiled and recorded by the cler#! and the will shall have the
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CONFLICT OF LAWS
same effect as if originally proved and allowed in such
court.
Rules for .ills E1ecuted A%road
- hen a will e%ecuted abroad has not been proven
probated/ in a foreign country – it may be admitted to
regular probate in the Philippines where the following
have to be proven0
- 'ase to be filed – Petition for llowance of illto be filed in the proper R+'
/ 6ocuments to be attached to petition0
- copy of the will! and
/ +he decree of the probate thereof
6 +here will be a hearing for the allowance of wills
8
Rules for .ills E1ecuted A%road9 cont55
8 f it appears during the hearing that the will should
be allowed in the Philippines0
1 +he court shall so allow it! and
2 certificate of its allowance! to which shall be
attached a copy of the will! shall be filed and
recorded by the cler#!
3 +he will shall have the same effect as if
originally proved and allowed in such court
/ hen a will e%ecuted abroad has not been provenprobated/ in a foreign country – it may be admitted toregular probate in RP and the following have to be proven0
- 6ue e%ecution of the will
/ 'apacity of testator
E1trinsic or For!al alidity of .ills
.hen a will has %een "ro%ated a%road
1. +he procedure is similar to the enforcement of a foreign 8udgment
2. +herefore! the due e%ecution of the will and the
testamentary capacity of the testator need not be provenagain
The following !ust %e "ro*en when a will has %een
"ro%ated in a foreign country
1. +he foreign law with respect to the due e%ecution of willsmust be proven
2. +he procedure on probate of will must be proven
E*idence necessary for the Re"ro%ate or Allowance of a
.ill which has already %een Pro%ated in a Foreign
'ountry
1. +he due e%ecution of the will in accordance with the
foreign law2. +he testator has his domicile in the foreign country and
(+ in the RP
3. +he will has been admitted to probate in such foreigncountry
4. +he fact that the foreign tribunal is a foreign court
&. +he laws of the foreign country on the procedure and
allowance of wills Gda. 6e Pere> v. +olete/
'ases
1. n re +estate -state of Suntay E& P,) &DD/
2. Gda. 6e Pere> v. +olete 232 S'R :22/
Inter"retation of a .ill
+he process of ascertaining the meaning which the testator
intended his words to convey
E1a!"le .hen a 'onflicts Issue on Inter"retation !ay
AriseJ is a Swiss national married to a *ilipina and domiciled in5oracay. ,e died in 5oracay leaving a will! with provisions
leaving his entire property to his KheirsFinFlawL and his Kne%t
of #inL.
# )ow can our courts disco*er the intent of the 9 the
testator3
A ur courts must refer to the canons of construction laid
down by Swiss internal law [the national law of the decedent]
# .hat if all the a*aila%le e*idence of the intention of
still lea*es the issue unresol*ed3
A rt. :==! 'ivil 'ode provides that0 -.f a testamentary
disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be
operative shall be preferred”"
@oint .ill
ne e%ecuted in the same instrument by two 2/ or more
testators.
# Are 2oint wills allowed in the RP
A No5 M/wo or more persons cannot ma0e a will 1ointly, or in
the same instrument, either for their reciprocal benefit or for
the benefit of a third person"” rt. =1=! 'ivil 'ode/ and
“ 2oint wills, executed by 3ilipinos in a foreign country shall
not be valid in the %hilippines, even though authori4ed by thelaw of the country where they may have been executed” rt.
=1E/
'onflicts Rules on @oint .ills
Factual $ituation
Point of 'ontact
- 9ade by *)P(S
5R6
(+() )aw
/ 9ade by )-(S
5R6 – G)6 if
valid under0
1 Lex Loci Celebrationis –
where the 8oint will was
made
2 Law of the DOMICILE +
where the alien isdomiciled
6 9ade by )-(S in RP – G6 by reasons of
P$5)' P)';
Lex Loci Celebrationis
Re*ocation of .ills
'onflicts Rule on Re*ocation
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CONFLICT OF LAWS
1. revocation done outside the Philippines! by a person
who does (+ have his domicile in this country! is validwhen it is done0
a. ccording to the law of the place where the will
was made! or
b. ccording to the law of the place in which thetestator had his domicile at the timeM
2. f the revocation ta#es place in this country – it is validwhen it is made in accordance with the provisions of this'ode Blaw of the forumC rt. =2E! 'ivil 'ode/
Defects of Art5 7/
1. +he shift from nationality to domicile as a point of contact is rather erratic
2. +he phrase Kdomicile at the timeL is not clear
3. hen an alien ma#es a will abroad! there are several
points of contract to uphold the intention of testator – incase of revocation! there only two 2/ points of contract
recogni>ed! namely0
a. +he law of the place where the will was made!
and
b. +he law of the testator domicile4. +here is no apparent provision with reference to aliens
domiciled in the RP who e%ecute the act of revocation
abroad! 5$+ a will made by an alien abroad wherever hisdomicile may be! will be considered valid in the RP if
formally valid under0
a. ,is national law
b. +he law of his domicilec. +he law of the place where it is made
d. Philippine law
'onflicts Rules on Re*ocation of .ills
Factual $ituation Point of 'ontact
- Revocation done in the RP
rt =2E/
RP )aw – )-J )' '+$S
or the place where the actrevocation/ was done
/ Revocation done
$+S6- the RP by a
((F69'))R;
rt. =2E/
- )aw of 69')- at
the time of revocation
/ )aw of the Place where
the )) was 96-
6 Revocation done
$+S6- the Philippines
by a 69'))R;Paras/
- )aw of the 69')-
RP )aw/
/ )aw of the Place of
R-G'+(
Effect of ')AN=E of NATIONALITY of TE$TATOR
Factual $ituation Point of 'ontract
- -J+R(S'validity
Lex Loci Celebrationis at the +9- the)) was -J-'$+-6 governing law
does not change with change of
nationality/
/ (+R(S'
validity
(ational law of testator at the +9- the
6-+, will govern governing lawchanges with change of nationality/
Ad!inistration of Estate Deceased
Rules on Ad!inistration
H0 hich court has the power to appoint an administrator
or declare the e%ecutor "ualified
0 t depends0
1. f the deceased was domiciled in the RP at the time
of his death – the court of the state where the deceased wasdomiciled
2. f the deceased was (+ domiciled in the RP at
the time of his death – the court of the state where his
properties are found
Rules on Ad!inistration+he rights! powers and obligations of the e%ecutor or administrator are coFe%tensive with the powers of the
"ualifying or appointing court
+hus! an administrator appointed by a Philippine court can
have 8urisdiction only over the properties of the deceasedlocated in the Philippines
Two :/; Binds of Ad!inistrator
1. Principal or domiciliary administrator – theadministrator in the state where the testator was
domiciled at the moment of his death
2. ncillary administrator – the administrator appointed
in the state where the deceased did not die in as
domiciliary but has properties therein
# .hat law go*erns the ad!inistration of the estate of
the deceased3
0 t is the lex fori – up to the point of distribution.
dministration is not governed by the law which governs
succession! but by the law of the country where the
administration ta#es place! and that is the law of the countryfrom which the administrator derives his authority.
# 'an an ad!inistrator sue or %e sued outside the
2urisdiction of the court fro! which he deri*es his
authority3
0 1. @eneral Rule F (o2. -%ceptions0
a. ,e can sue and be sued if he is appointedanew in said 8urisdiction and "ualifies as such therein
b. ,e may enforce by action a right which is
personal to him and which he is entitled to assert in his own
capacity! even though it is connected with the estate he isadministering
c. ,e can be sued upon a claim which is
sustainable against him! not in his representative! but in his
personal capacity
'onflicts Rules on Ad!inistration
Factual $ituation
.hich 'ourt has
@urisdiction to $ettle the
Estate in 'onflicts
Pro%le!s
- 6ecedent?+estator was
R-S6-(+ of RP and 6-6
in RP
+he court of the place where
he )S+ R-S6-6
/ 6ecedent?+estator was
R-S6-(+ of *R-@(
'ountry
+he court of the place where
his PRP-R+; is located
Ad!inistration of Estate
$u!!ary
1. n administrator appointed in one country has no power
over the property in another country – since his authority is
derived only from the court that appointed him2. Powers of the administrator shall be governed by the law of
the place where he was appointed! such powers include0
a. w?n he sue on behalf of the estate
b. w?n he can dispose the assets of the estate
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CONFLICT OF LAWS
# .hat ha""ens after the ad!inistration is co!"leted3
0 6istribution of the remaining assets follows
# .hat law go*erns the distri%ution of the estate3
0 +he (ational law of the decedent rt. 1AB2C/
O4LI=ATION$ AND 'ONTRA'T$
O%ligations & 'ontracts
Definition of a 'ontract fro! the iew"oint of 'onflict
of Laws
'ontract refers to an agreement between two 2/ or more
parties which! in accordance with their intention! gives rise
to an obligation on at least one of them the promisor/! and
creates for the promise a right to claim fulfillment of the promise
The following are NOT included for the "ur"oses of this
'ha"ter
1. greements creating a status such as marriage or
adoption/
2. greements transferring or e%tinguishing rights in rem
such as conveyance of property or assignment of a debt/
Ele!ents of a 'ontract fro! the iew"oint of 'onflict
of Laws
1. For!al or E1trinsic alidity – the e%ternal side of ma#ing a contract! the means of signifying consent! the
e%pression as opposed to the content of legal declarations
2. 'a"acity of the Parties to 'ontract – the power of a
party to bind himself effectively by a contract
3. Essential or Intrinsic alidity – pertains to the nature!content and effects of a contract Performance may be
considered part of intrinsic validity/
.hat Law =o*erns
- =eneral Rule – Lex Loci Contractus the place where t
he
contract was entered into/ under rt. 1:1/ 'ivil 'ode
/ E1ce"tions – hen (+ governed by Lex Loci
Contractus
- hen the contract is entered into before RP
diplomatic officials in a foreign country consular
contract/ under rt. 1:2/ of the 'ivil 'ode – governed by Philippine )aw under principle of
e%territoriality/
/ hen the contract involves )-(+( or
-('$95R('- of PRP-R+; – governed by the Lex !itus or Lex Rei !itae
.hat law will go*ern
- =eneral Rule – governed by the (+() ) of the
contracting parties rt. 1&! 'ivil 'ode/
/ E1ce"tions + when (+ governed by (ational )aw of
the parties
- Insular *5 Fran + governed by Lex Loci
Celebrationis
/ hen the contract involves )-(+( or -('$95R('- of PRP-R+; – governed by the
Lex !itus or Lex Rei !itae rt. 1A1/! 'ivil 'ode/
Intrinsic or Essential alidity #uestions on Intrinsic alidity
1. as there a meeting of the minds consent/
2. as there ade"uate consideration consideration/
3. 6id the obligor perform his obligations under the contract
.hat law will go*ern Intrinsic alidity
- =eneral Rule – governed by the Lex Contractus t
he
proper law of contract/ which is either0
- Lex Loci 5oluntatis the law voluntarily agreed by the
parties/ – the parties -JPR-SS); agreed that such
particular legal system will apply
/ Lex Loci .ntentionis the law intended by the parties/
– there is ( agreement but it can be PR-S$9-6that such law was intended by the parties
.hat law will go*ern Intrinsic alidity
/ E1ce"tions
- hile the parties may stipulate on the proper law of
the contract! they cannot stipulate on the 8urisdictionof the courts
/ +he parties cannot abolish compulsory domestic rules
6 +he parties cannot choose a law which contravenes
public policy [%a0istani 'irlines v" &ple, Cadalin v"
%&6', 7an0 of 'merica v" 'merican Realty]
.hat law will go*ern Intrinsic alidity
6 =o*erned %y the Lex Loci Contractus + law of the plac
eof the contract if0
- +he parties have not stipulated a different law! or
/ +he law they choose to govern the contract
'((+! on some legal grounds! be applied
The law selected [ Lex Loci .ntentionis] !ay %e I0PLIED
fro! such factors
1. +he law having the most substantial connection withtransaction
2. +he nationality and domicile of the parties
3. +he law most favorable for the effectivity or efficacy of the
contract for it should be presumed that the parties intended to be bound by the agreement
Li!itations and Princi"les in the 'hoice of Law
1. f of 2 possible choices! one law provides certain specificremedies in case of breach! and the other does not F the first
law applies if the contract ma#es mention of said remedies
2. Several laws may be selected! each of which governsdifferent elements of the transaction 5$+ parties cannot select
a law which has ( connection or relationship at all with the
transaction
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CONFLICT OF LAWS
3. f the law selected should change! it is law! as changed
that would apply! for it is presumed that at the time of contracting! the parties were cogni>ant of the dynamic
"uality of the law
4. f under the law selected! the contract is legal! but in the place of performance! it is illegal! the selected law must
prevail! and the contract should be considered legal
'onflict Rules for $"ecific 'ontracts
Factual
$ituation
Point of 'ontact
E1trinsi
c
'a"acity Intrinsic Others
- Sales and
5arter
Lex !itus Lex !itus Lex !itus
/ )ease of
Property
Lex !itus Lex !itus Lex !itus
6 )ease of
Services
Lex Loci
Celebration
is
National
Law
Lex Loci
5oluntatis8
.ntentionis
8 'ontract
of
'arriageof @oods
*i%ed !itus
of 'arrier
*i%ed
!itus of
'arrier
*i%ed
!itus of
'arrier
)iability for
loss!destruction
! or deterioration of
goods in
transitu – )aw
of 6estination
Factual
$ituation
Point of 'ontact
E1trinsic 'a"acityIntrinsic Others
& 'ontract of
gency
Lex Loci
Celebrationis
(ational
)aw of the
Parties
Les Loci
5oluntatis 8
.ntentioni
s
f agency
deals withconveyance
or
encumbranc
e of property – Lex !itus
A Simple)oan or
9utuum
Lex LociCelebrationis
(ational)aw of
the
Parties
Les Loci5oluntatis
8
.ntentioni s
: Commodat um
Lex !itus Lex !itus Lex !itus
Factual
$ituation
Point of 'ontact
E1trinsic 'a"acity Intrinsic Others
7 Pledge!
'hattel
9ortgage!R-9! andntichresis
Lex !itus Lex !itus Lex !itus (ote0
+hese are
accessorycontracts.+herefore
if the
principal
contract isdefective!
the
accessory
contract isalso
deemed
defective
@uarantyandSuretyship
Lex LociCelebracioni
s
(ational)aw of the Parties
Les Loci5oluntatis8
.ntentionis
TORT$ AND #?A$I DELI'T$
TORT$
Definition of Tort
A legal wrong co!!itted u"on anothers "erson or
"ro"erty inde"endent of a contract9 which !ay %e either
1. direct invasion of some legal right of the individual2. +he infraction of some public duty by which special
damage accrues to the individual
3. +he violation of some private obligations by which li#e
damages accrues to the individual
Ele!ents of E*ery Tort Action
1. -%istence of a legal duty from defendant to plaintiff
2. 5reach of that duty! and3. 6amage as pro%imate result
# .hat law go*erns lia%ility and da!ages for torts9 in
general3
A The law of the "lace where the tort was co!!itted :le1loci delicti co!!issi;9 for the following reasons
1. +he state where the social disturbance occurred
has the primary duty to redress the wrong andto determine the effects of the in8uryM
2. +he law of said state must be presumed to have
been most foremost in the mind of the parties
concerned! thus they acted with #nowledgeof the resulted conse"uences under the said law
# .hat is the locus elicti 3
A 'onflict often arises in the characteri>ation of the locusdelicti place where the wrong or tort committed/
6 Theories as to where the locus elicti :"lace of
co!!ission; is
1. 'G) )aw +heory – where the act 5-@(
2. '99( )aw +heory – where the tortious act *RS+
5-'9- -**-'+G-
3. +heory of 6r. Rabel – the place which has the 9S+S$5S+(+) or -SS-(+) '((-'+( with the act
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CONFLICT OF LAWS
.hile was negligently cleaning his gun in 'alifornia9
he accidentally shot Y who was in Ne*ada5 Y was rushed
to a hos"ital in Oregon9 where he died5
#.hat is the locus elicti 3
N Torts
A ?nder the
1. 'i*il Law Theory – 'alifornia! becausethe negligent act occurred there2. 'o!!on Law Theory – (evada!
because the in8ury to ; became effective
there
3. Ra%els Theory – 'alifornia! because it hasthe most substantial connection with the tort. ,ad
the gun not been fired by J! there would have been
no in8ury
Issues =o*erned %y the Locus Delicti
1. ?( the act has PR-S'R5-6
2. ?( the parties are the PRP-R parties to the
case
3. ?( the act is considered the PRJ9+-cause of the in8ury
4. ?( '(+R5$+R; (-@)@-('- may
be used as a defense&. ?( 69@-S can be awarded
A. +he 5$R6-( of PR* and the 6-*-(S-S
that may be interposed
@urisdiction
Lia%ility for Foreign Torts !ay %e enforced in RP
"ro*ided1. +he torts is (+ penal in character
2. +he tortious liability will (+ contravene our public policy
3. ur 8udicial machinery is ade"uate for such enforcement
Note 1. @enerally! a suit to recover on a foreign tort is cogni>able
in (; state where 8urisdiction may be ac"uired in over the
person of the defendant since the action for damages in one
in personam/2. +herefore! our courts may validly decide a case on
foreign torts applying the proper lex loci delicti comisi/
when0 a. +he defendant is personally served by thesummons of our courts
b. +he defendant voluntarily appears in court
even without such service
.hat an RP court !ust do when faced with a conflicts
"ro%le! in*ol*ing torts and the le1 fori is in conflict
with the law of the foreign state connected to the "arties
or e*ent 1. scertain and weigh the purpose underlying the tort law
of the forum as applied to the particular case! and
2. -%amine and weigh the interest of the other state
.hen an RP 'ourt !ay a""ly RP internal law :le1 fori;
on TORT$
1. hen the RP has a substantial connection with the
parties or the operative facts! and2. ur internal law on tort embodies a social or economic
policy which will be advanced by its application to the case
.hen an RP 'ourt should a""ly the foreign law
[lex
causae] on TORT$
1. hen the RP has no concern or interest in the application of
its internal! and2. +he foreign state! by virtue of its connection with the parties
or the event! has such an interest
TORT$
$ituation
.hat is the Lex Delicti Co!issi"
- +ort is committed abroad a P$5)'vessel! whether on the high seas or in
foreign territorial waters
) of the *)@
/ +ort is committed abroad a PRG+-
or 9-R',(+ vessel on the high
seas
) of the *)@
$ituation .hat is the Lex Delicti
Co!issi"
- +he +ort concerns property!whether real or personal )e% Situs
/ hen there is a collision
between 2 vessels0
1 *rom the same state or
carry the same flag
)aw of the said state
2 *rom different states buttheir laws on the matter
are identical
Said laws
3 *rom different states
with different laws
+he general maritime law
applied by the forum wherethe case is being tried
'RI0E$
Theories on E1traterritorial 'o!"etence
Theory .hat court has 2urisdiction3
- +erritorial +he court of the state where the crime
was committed
/ (ationality +he court of the state where the criminal
is a national or citi>en or sub8ect
6 Protective +he court of any state whose national
interest may be 8eopardi>ed sub8ect to
certain e%ceptions/
8 Real or -clectic +he court of any state whose penal code
has been transgressed
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CONFLICT OF LAWS
< $niversal +he court of any state where the criminalis found or which has custody over him
unless e%tradition is possible/
Passive
(ationality
+he court of the state of which the victim
is a citi>en or sub8ect
'ri!es# .hat law will a""ly3 A The Le1 Fori9 because a foreign law cannot be applied
if it is "enal in character
And we know that in all things God works for the
good of those who love him, who have been called
according to his purpose.
(Romans 8:28, !"#
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