CONFLICTS OF LAW1.docx

8/10/2019 CONFLICTS OF LAW1.docx

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DELA CRUZ, GRETCHEN MARI M.

ASSIGNMENT 1- CONFLICTS OF LAW

CONFLICTS OF LAW

1. CONSTITUTION, arts. IV(1)-(5)

2. CIVIL CODE, arts. 14, 15, 16, 17, 815, 816, 818, 819, 829,

1039, 1319, and 1753

3. CORPORATION CODE, secs. 123, 129, and 133

FAMILY CODE, arts. 10, 21, 26, 35, 36, 37, 38, and 80

4. REVISED PENAL CODE, art. 2.

5. Rules of Court, Rule 4, sec. 2; Rule 8, sec. 6; Rule 11, sec 2;

Rule 14, sec. 12, 14, 15 & 16; Rule 23, secs. 11 & 12; Rule 39,sec. 48; Rule 73, sec. 1; Rule 77, sec. 1; Rule 92, sec. 1, Rule

131, sec. 3(n); Rule 132, secs. 19(a) & 24.

CONSTITUTION, arts. IV(1)-(5)

ARTICLE IV

CITIZENSHIP

Section 1. The following are citizens of the Philippines:

[1] Those who are citizens of the Philippines at the time of theadoption of this Constitution;

[2] Those whose fathers or mothers are citizens of the Philippines;

[3] Those born before January 17, 1973, of Filipino mothers, who electPhilippine citizenship upon reaching the age of majority; and

[4] Those who are naturalized in accordance with law.

Section 2. Natural-born citizens are those who are citizens of thePhilippines from birth without having to perform any act to acquireor perfect their Philippine citizenship. Those who elect Philippinecitizenship in accordance with paragraph (3), Section 1 hereof shall bedeemed natural-born citizens.

Section 3. Philippine citizenship may be lost or reacquired in themanner provided by law.

Section 4. Citizens of the Philippines who marry aliens shall retaintheir citizenship, unless by their act or omission, they are deemed,under the law, to have renounced it.

Section 5. Dual allegiance of citizens is inimical to the nationalinterest and shall be dealt with by law.

CIVIL CODE, arts. 14, 15, 16, 17, 815, 816, 818, 819, 829, 1039, 1319,

and 1753

Art. 14. Penal laws and those of public security and safety shall be

obligatory upon all who live or sojourn in the Philippine territory,

subject to the principles of public international law and to treaty

stipulations. (8a)

Art. 15. Laws relating to family rights and duties, or to the status,condition and legal capacity of persons are binding upon citizens of

the Philippines, even though living abroad. (9a)

Art. 16. Real property as well as personal property is subject to the

law of the country where it is stipulated.

However, intestate and testamentary successions, both with respect

to the order of succession and to the amount of successional rights

and to the intrinsic validity of testamentary provisions, shall be

regulated by the national law of the person whose succession is under

consideration, whatever may be the nature of the property andregardless of the country wherein said property may be found. (10a)


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Art. 17. The forms and solemnities of contracts, wills, and other

public instruments shall be governed by the laws of the country in

which they are executed.

When the acts referred to are executed before the diplomatic or

consular officials of the Republic of the Philippines in a foreign

country, the solemnities established by Philippine laws shall be

observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those

which have, for their object, public order, public policy and good

customs shall not be rendered ineffective by laws or judgments

promulgated, or by determinations or conventions agreed upon in a

foreign country. (11a)

Art. 815. When a Filipino is in a foreign country, he is authorized to

make a will in any of the forms established by the law of the country

in which he may be. Such will may be probated in the Philippines. (n)

Art. 816. The will of an alien who is abroad produces effect in the

Philippines if made with the formalities prescribed by the law of the

place in which he resides, or according to the formalities observed in

his country, or in conformity with those which this Code prescribes.(n)

Art. 817. A will made in the Philippines by a citizen or subject of

another country, which is executed in accordance with the law of the

country of which he is a citizen or subject, and which might be

proved and allowed by the law of his own country, shall have the

same effect as if executed according to the laws of the Philippines. (n)

Art. 818. Two or more persons cannot make a will jointly, or in the

same instrument, either for their reciprocal benefit or for the benefit

of a third person. (669)

Art. 819. Wills, prohibited by the preceding article, executed by

Filipinos in a foreign country shall not be valid in the Philippines,

even though authorized by the laws of the country where they may

have been executed. (733a)

Art. 829. A revocation done outside the Philippines, by a person who

does not have his domicile in this country, is valid when it is done

according to the law of the place where the will was made, or

according to the law of the place in which the testator had his

domicile at the time; and if the revocation takes place in this country,

when it is in accordance with the provisions of this Code. (n)

Art. 1039. Capacity to succeed is governed by the law of the nation of

the decedent. (n)

Art. 1319. Consent is manifested by the meeting of the offer and the

acceptance upon the thing and the cause which are to constitute the

contract. The offer must be certain and the acceptance absolute. A

qualified acceptance constitutes a counter-offer.

Acceptance made by letter or telegram does not bind the offerer

except from the time it came to his knowledge. The contract, in such

a case, is presumed to have been entered into in the place where the

offer was made. (1262a)

Art. 1753. The law of the country to which the goods are to be

transported shall govern the liability of the common carrier for their

loss, destruction or deterioration.


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CORPORATION CODE, secs. 123, 129, and 133

Sec. 123. Definition and rights of foreign corporations.- For the

purposes of this Code, a foreign corporation is one formed, organized

or existing under any laws other than those of the Philippines and

whose laws allow Filipino citizens and corporations to do business in

its own country or state. It shall have the right to transact business in

the Philippines after it shall have obtained a license to transact

business in this country in accordance with this Code and a certificate

of authority from the appropriate government agency. (n)

Sec. 129. Law applicable.- Any foreign corporation lawfully doing

business in the Philippines shall be bound by all laws, rules and

regulations applicable to domestic corporations of the same class,except such only as provide for the creation, formation, organization

or dissolution of corporations or those which fix the relations,

liabilities, responsibilities, or duties of stockholders, members, or

officers of corporations to each other or to the corporation. (73a)

Sec. 133. Doing business without a license.- No foreign corporation

transacting business in the Philippines without a license, or its

successors or assigns, shall be permitted to maintain or intervene in

any action, suit or proceeding in any court or administrative agencyof the Philippines; but such corporation may be sued or proceeded

against before Philippine courts or administrative tribunals on any

valid cause of action recognized under Philippine laws. (69a)

FAMILY CODE, arts. 10, 21, 26, 35, 36, 37, 38, and 80

Art. 10. In case of doubt in the interpretation or application of laws,

it is presumed that the lawmaking body intended right and justice to

prevail. (n)

Art. 21. Any person who wilfully causes loss or injury to another in a

manner that is contrary to morals, good customs or public policy

shall compensate the latter for the damage.

Art. 26. Every person shall respect the dignity, personality, privacy

and peace of mind of his neighbors and other persons. The following

and similar acts, though they may not constitute a criminal offense,

shall produce a cause of action for damages, prevention and other

relief:

(1) Prying into the privacy of another's residence:

(2) Meddling with or disturbing the private life or family relations ofanother;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs,

lowly station in life, place of birth, physical defect, or other personal

condition.

Art. 35. When a person, claiming to be injured by a criminal offense,

charges another with the same, for which no independent civil action

is granted in this Code or any special law, but the justice of the peace

finds no reasonable grounds to believe that a crime has been

committed, or the prosecuting attorney refuses or fails to institute

criminal proceedings, the complaint may bring a civil action for

damages against the alleged offender. Such civil action may be

supported by a preponderance of evidence. Upon the defendant's


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motion, the court may require the plaintiff to file a bond to indemnify

the defendant in case the complaint should be found to be malicious.

If during the pendency of the civil action, an information should be

presented by the prosecuting attorney, the civil action shall be

suspended until the termination of the criminal proceedings.

Art. 36. Pre-judicial questions which must be decided before any

criminal prosecution may be instituted or may proceed, shall be

governed by rules of court which the Supreme Court shall promulgate

and which shall not be in conflict with the provisions of this Code.

Art. 37. Juridical capacity, which is the fitness to be the subject oflegal relations, is inherent in every natural person and is lost only

through death. Capacity to act, which is the power to do acts with

legal effect, is acquired and may be lost. (n)

Art. 38. Minority, insanity or imbecility, the state of being a deaf-

mute, prodigality and civil interdiction are mere restrictions on

capacity to act, and do not exempt the incapacitated person from

certain obligations, as when the latter arise from his acts or from

property relations, such as easements. (32a)

Art. 80. The following marriages shall be void from the beginning:

(1) Those contracted under the ages of sixteen and fourteen years by

the male and female respectively, even with the consent of the

parents;

(2) Those solemnized by any person not legally authorized to perform

marriages;

(3) Those solemnized without a marriage license, save marriages of

exceptional character;

(4) Bigamous or polygamous marriages not falling under Article 83,

Number 2;

(5) Incestuous marriages mentioned in Article 81;

(6) Those where one or both contracting parties have been foundguilty of the killing of the spouse of either of them;

(7) Those between stepbrothers and stepsisters and other marriages

specified in Article 82. (n)

REVISED PENAL CODE, art. 2.

Art. 2. Application of its provisions. Except as provided in the

treaties and laws of preferential application, the provisions of this

Code shall be enforced not only within the Philippine Archipelago,

including its atmosphere, its interior waters and maritime zone, but

also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the

Philippine Islands or obligations and securities issued by the

Government of the Philippine Islands; chan robles virtual law library


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3. Should be liable for acts connected with the introduction into these

islands of the obligations and securities mentioned in the presiding

number;

4. While being public officers or employees, should commit an

offense in the exercise of their functions; or

5. Should commit any of the crimes against national security and the

law of nations, defined in Title One of Book Two of this

Code.chanrobles virtual law library

Rules of Court, Rule 4, sec. 2; Rule 8, sec. 6; Rule 11, sec 2; Rule 14,

sec. 12, 14, 15 & 16; Rule 23, secs. 11 & 12; Rule 39, sec. 48; Rule 73,

sec. 1; Rule 77, sec. 1; Rule 92, sec. 1, Rule 131, sec. 3(n); Rule 132,

secs. 19(a) & 24

RULE 4 VENUE of ACTION

Sec. 2. Venue of personal actions.

All other actions may be commenced and tried where the plaintiff or

any of the principal plaintiffs resides, or where the defendant or any

of the principal defendants resides, or in the case of a non-resident

defendant where he may be found, at the election of the plaintiff.RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS

Sec. 6. Judgment.

In pleading a judgment or decision of a domestic or foreign court,

judicial or quasi-judicial tribunal, or of a board or officer, it is

sufficient to aver the judgment or decision without setting forth

matter showing jurisdiction to render it.

RULE 11WHEN TO FILE RESPONSIVE PLEADINGS

Sec. 2. Answer of a defendant foreign private juridical entity.

Where the defendant is a foreign private juridical entity and service of

summons is made on the government official designated by law toreceive the same, the answer shall be filed within thirty (30) days

after receipt of summons by such entity.

RULE 14 summons

Sec. 12. Service upon foreign private juridical entity.

When the defendant is a foreign private juridical entity which hastransacted business in the Philippines, service may be made on its

resident agent designated in accordance with law for that purpose, or,

if there be no such agent, on the government official designated by

law to that effect, or on any of its officers or agents within the

Philippines.

Sec. 14. Service upon defendant whose identity or whereabouts are

unknown.

In any action where the defendant is designated as an unknown

owner, or the like, or whenever his whereabouts are unknown and

cannot be ascertained by diligent inquiry, service may, by leave of

court, be effected upon him by publication in a newspaper of general

circulation and in such places and for such time as the court may

order.

Sec. 15. Extraterritorial service.


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When the defendant does not reside and is not found in the

Philippines, and the action affects the personal status of the plaintiff

or relates to, or the subject of which is, property within the

Philippines, in which the defendant has or claims a lien or interest,actual or contingent, or in which the relief demanded consists, wholly

or in part, in excluding the defendant from any interest therein, or

the property of the defendant has been attached within the

Philippines, service may, by leave of court, be effected out of the

Philippines by personal service as under section 6; or by publication

in a newspaper of general circulation in such places and for such time

as the court may order, in which case a copy of the summons and

order of the court shall be sent by registered mail to the last knownaddress of the defendant, or in any other manner the court may deem

sufficient. Any order granting such leave shall specify a reasonable

time, which shall not be less than sixty (60) days after notice, within

which the defendant must answer.

Sec. 16. Residents temporarily out of the Philippines.

When any action is commenced against a defendant who ordinarily

resides within the Philippines, but who is temporarily out of it,service may, by leave of court, be also effected out of the Philippines,

as under the preceding section.

RULE 23

DEPOSITIONS PENDING ACTIONS

Sec. 11. Persons before whom depositions may be taken in foreign

countries.

In a foreign state or country, depositions may be taken (a) on notice

before a secretary of embassy or legation, consul general, consul,

vice-consul, or consular agent of the Republic of the Philippines; (b)

before such person or officer as may be appointed by commission orunder letters rogatory; or (c) the person referred to in section 14

hereof.

Sec. 12. Commission or letters rogatory.

A commission or letters rogatory shall be issued only when necessary

or convenient, on application and notice, and on such terms and with

such direction as are just and appropriate. Officers may be

designated in notices or commissions either by name or descriptivetitle and letters rogatory may be addressed to the appropriate judicial

authority in the foreign country.

RULE 39

EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

Sec. 48. Effect of foreign judgments or final orders.

The effect of a judgment or final order of a tribunal of a foreigncountry, having jurisdiction to render the judgment or final order is

as follows:

(a) In case of a judgment or final order upon a specific thing, the

judgment or final order is conclusive upon the title to the thing; and

(b) In case of a judgment or final order against a person, the

judgment or final order is presumptive evidence of a right as between

the parties and their successors in interest by a subsequent title.


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In either case, the judgment or final order may be repelled by

evidence of a want of jurisdiction, want of notice to the party,

collusion, fraud, or clear mistake of law or fact.

Rule 73 venue and processes

Sec. 1. Where estate of deceased person settled.- If the decedent is an

inhabitant of the Philippines at the time of his death, whether a

citizen or an alien, his will shall be proved, or letters of

administration granted, and his estate settled, in the Court of First

Instance in the province in which he resides at the time of his death,

and if he is an inhabitant of a foreign country, the Court of First

Instance of any province in which he had estate. The court first taking

cognizance of the settlement of the estate of a decedent, shallexercise jurisdiction to the exclusion of all other courts. The

jurisdiction assumed by a court, so far as it depends on the place of

residence of the decedent, or of the location of his estate, shall not be

contested in a suit or proceeding, except in an appeal from that court,

in the original case, or when the want of jurisdiction appears on the

record.

RULE 77

ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND

ADMINISTRATION OF ESTATE THEREUNDER

Sec. 1. Will proved outside Philippines may be allowed here. - Wills

proved and allowed in a foreign country, according to the laws of

such country, may be allowed, filed, and recorded by the proper

Court of First Instance in the Philippines.

RULE 92

VENUE

Sec. 1. Where to institute proceedings. - Guardianship of the person or

estate of a minor or incompetent may be instituted in the Court of

First Instance of the province, or in the justice of the peace court of

the municipality, or in the municipal court of the chartered city where

the minor or incompetent person resides, and if he resides in aforeign country, in the Court of First Instance of the province wherein

his property or part thereof is situated; provided, however, that where

the value of the property of such minor or incompetent exceeds the

jurisdiction of the justice of the peace or municipal court, the

proceedings shall be instituted in the Court of First

Instance.chanrobles virtualawlibrary

In the City of Manila, the proceedings shall be instituted in the

Juvenile and Domestic Relations Court.

RULE 131

Burden of Proof and Presumptions

Rule 131, sec. 3(n);

Sec. 3. Disputable presumptions.The following presumptions are

satisfactory if uncontradicted, but may be contradicted and overcome

by other evidence:chanroblesvirtuallawlibrary

(n)That a court, or judge acting as such, whether in the Philippines or

elsewhere, was acting in the lawful exercise of jurisdiction;

Rule 132, secs. 19(a) & 24

RULE 132

PRESENTATION OF EVIDENCE

B. AUTHENTICATION AND PROOF OF DOCUMENTS


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Sec. 19. Classes of Documents. For the purpose of their

presentation evidence, documents are either public or private.

Public documents are:chanroblesvirtuallawlibrary

(a)The written official acts, or records of the official acts of thesovereign authority, official bodies and tribunals, and public officers,

whether of the Philippines, or of a foreign country;

(b)Documents acknowledge before a notary public except last wills

and testaments; and

(c)Public records, kept in the Philippines, of private documents

required by law to the entered therein.

All other writings are private. (20a)

Sec. 24. Proof of official record. The record of public documents

referred to in paragraph (a) of Section 19, when admissible for any

purpose, may be evidenced by an official publication thereof or by a

copy attested by the officer having the legal custody of the record, or

by his deputy, and accompanied, if the record is not kept in the

Philippines, with a certificate that such officer has the custody. If the

office in which the record is kept is in foreign country, the certificate

may be made by a secretary of the embassy or legation, consul

general, consul, vice consul, or consular agent or by any officer in the

foreign service of the Philippines stationed in the foreign country in

which the record is kept, and authenticated by the seal of his office.

(25a)