Conflict Of Laws - For Printing2

Conflicts of law - Part of international law which deals with legal problems involving foreign element concerning the conflict in the application of local and foreign laws, raised in a proper forum. 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). Elements I. Legal problem involving foreign element— --If there is no foreign element, there is no conflict of law. Foreign elements is a factual situation that cut across territorial lines and affected by diverse laws of two or more states -- Saudia vs Morada 1. One or both litigant is alien 2. Cause of action arises in foreign state - location of the res - place of celebration - place of the act - place of the crime II. Assumption of the proper forum Cases involving COL, forum may: 1. Refuse - apply forum non conviniens, no COL 2. Assume- forum may apply the following: a. local law -- lex fori b. Foreign law - lex causae c -- apply both -- Cadalin vs POEA III. Conflict between local and foreign law - if there is no conflict between the two, there is nothing to resolve. - court can apply foreign law if properly pleaded and proved, application discretionary to the court. IV. Choice of law to be applied -Which law applies? - depends on the factual situation and connection of the foreign element, apply characterization process of determining under what category a certain set of facts or rules falls. - Purpose - to enable the forum to select the proper law. SOURCES of COL Direct sources 1

Art. 14, 15, 16, 1039, 1183, 1347 at marami pa Article 26 of Family Code Section 129 of Corporation Code Treaties - Hague convention, Warsaw, COGSA Jurisprudence International Custom General Principles of law lex loci celebrationis LEx loci actus LEx rei sitae/lex situs lex loci delictus lex loci contractus lex domicilli principle of territoriality Kilberg doctrine Indirect sources foreign jurisprudence journal of renowned legal writers. OPTION OF FORUM IN CASE OF COL 1. Refuse - to do so would provide inconvenience to the forum - if the only link is one of the respondent is a Filipino Citizen - MHC vs NLRC - not all cases involving Filipino can be tried in local forum. 2. Assume jurisdiction - exercise of Sovereign Prerogative, if the court has jurisdiction of over the: a. res b. Subject matter c. person - court has discretion to proceed on the case. REQUISITE OF ASSUMPTION of JURISDICTION 1. The Philippine court is one to which the parties may conveniently resolve; 2. That the Philippine court is in the position to make an intelligent decision as to the laws and facts 3. The Philippine court has likely to have the power to enforce the decision - MHC vs. NLRC COURT MAY APPLY 1. Local law - aznar vs. GARcia 2. Foreign law - Bellis vs BEllis 2

3. Apply both - Cadalin vs .POEA CHOICE OF LAW -depends on the factual situation - different case, different application of law. - there is no hard rule in the application of law. - Foreign law has no extra-territorial effect- General Rule there is an exception 1. JUSTIFICATION OF APPLICATION OF LOCAL LAWS a. matter involving procedural law - apply law of the forum -based on lex fori b. if foreign law is contrary to public policy of the forum c. If application of foreign law or local law which give rights to the foreigner would result injustice to our national - salvacion vs BCP d. When court accept the renvoir - aznar vs garcia e. when most of the factual situation referes to phil jurisdiction- saudia vs morada. JUSTIFICATION OF APPLYING FOREIGN LAWS 1. When cause of action arises in foreign land. 2. If local law so provides - article 16, Bellis vs Bellis - lex domicilli 3. Principle of Comity Note - Foreign law should be pleaded and proved , if not , presumed to be the same with the local law - DOCTRINE OF PROCESSUAL PRESUMPTION 4. If There Is A Treaty - Warsaw, Santos Vs Northwest Orient Airline DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW 1 2

BASIS Nature Persons involved

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Transactions involved

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Remedies and Sanctions

CONFLICT OF LAW Municipal in character Dealt with by private individuals; governs individuals in their private transactions which involve a foreign element

LAW OF NATIONS International in character Sovereign states and other entities possessing international personality, e.g., UN; governs states in their relationships amongst themselves Private transactions between Generally affected by public private individuals interest; those in general are of interest only to sovereign states Resort to municipal tribunals May be peaceful or forcible Peaceful: includes diplomatic negotiation, tender & exercise of good offices, mediation, inquiry & conciliation, arbitration, judicial settlement by ICJ, reference to regional 3

agencies Forcible: includes severance of diplomatic relations, retorsions, reprisals, embargo, boycott, nonintercourse, pacific blockades, collective measures under the UN Charter, and war. 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 4

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 2. Assume jurisdiction and apply either the law of the forum or of another state a.

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: i.

A specific law of the forum decrees that internal law should apply

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 •

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 5

• 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 iii.

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 b. APPLY FOREIGN LAW - when properly pleaded and proved THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT 1. 2.

3.

4.

5.

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 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. 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 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” 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 1

FACTUAL SITUATION POINT OF CONTACT Beginning of personality of natural National law of the child (Article 15, person CC) 6

2 3 4 5 6 7

Ways & effects of emancipation Age of majority Use of names and surnames Use of titles of nobility Absence Presumptive death & survivorship

Celebrated Abroad

RULES ON MARRIAGE AS A CONTRACT FACTUAL SITUATION Between Filipinos

Between Foreigners

Celebrated in RP

Mixed Between Foreigners

Mixed

Same Same Same Same Same Lex fori (Article 43, 390, 391, CC; Rule 131 §5 [jj], Rules of Court) 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 marriages Lex loci celebrationis EXCEPT if the marriage is: a. Highly immoral (like bigamous/ polygamous marriages) b. Universally considered incestuous (between brothersister, and ascendantsdescendants) Apply 1 (b) to uphold validity of marriage National law (Article 21, FC) PROVIDED the marriage is not highly immoral or universally considered incestuous) National law of Filipino (otherwise public policy may be militated against)

Marriage by proxy (NOTE: a Lex loci celebrationis (with prejudice marriage by proxy is considered to the foregoing rules) celebrated where the proxy appears RULES ON MARRIAGE AS A STATUS FACTUAL SITUATION POINT OF CONTACT 1 Personal rights & obligations National of husband between husband & wife (Note: Effect of subsequent change of nationality: a. If both will have a new nationality – the new one b. If only one will change – the last common nationality c. If no common nationality – 7

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nationality of husband at the time of wedding) Property relations bet husband & National law of husband without wife 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 MATRIMONIAL PROPERTY REGIME)

Exceptions

RULES ON PROPERTY FACTUAL SITUATION REAL PROPERTY Successional rights Capacity to succeed

POINT OF CONTACT Lex rei sitae (Article 16, CC) National law of decedent (Article 16 par. 2, CC) National law of decedent (Article. 1039)

Contracts involving real property The law intended will be the proper which do not deal with the title law of the contract (lex loci thereto voluntantis or lex loci intentionis) Contracts where the real property is The principal contract (usually loan) given as security is governed 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 IN GENERAL Lex rei sitae (Article. 16, CC) Exceptions: same as those for real EXCEPTION: same as those for real property property EXCEPT that in the example concerning mortgage, the same must be changed to pledge of personal property) 8

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MEANS OF TRANSPORTATION Vessels

Law of the flag (or in some cases, place of registry)

Other means

Law of the depot (storage place for supplies or resting place)

THINGS

IN TRANSITU

(THESE

THINGS HAVE A

CHANGING STATUS BECAUSE THEY MOVE)

Loss, destruction, deterioration

Law of the destination (Article. 1753, CC) Validity & effect of the seizure of the Locus regit actum (where seized) – goods because said place is their temporary situs Disposition or alienage of the goods

Lex loci volutantis or lex loci intentionis – because here there is a contract

FACTUAL SITUATION POINT OF CONTACT INTANGIBLE PERSONAL PROPERTY (CHOSES IN ACTION) 1 Recovery of debts or involuntary Where debtor may be effectively assignment of debts (garnishment) served with summons (usually the domicile) 2 Voluntary assignment of debts Lex loci voluntatis or lex loci intentionis (proper law of the contract)

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OTHER THEORIES: a. National law of the debtor or creditor b. Domicile of the debtor or creditor c. Lex loci celebrationis d. Lex loci solutionis Taxation of debts Domicile of creditor Administration of debts Lex situs of assets of the debtor (for these assets can be held liable for the debts) Negotiability or non-negotiability of The right embodied in the instrument an instrument (for example, in the case of a Swedish bill of exchange, Swedish law determines its negotiability) Validity of transfer, delivery or In general, situs of the instrument at negotiation of the instrument the time of transfer, delivery or negotiation Effect on a corporation of the sale of Law of the place incorporation corporate shares 9

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Effect between the parties of the sale Lex loci voluntatis or lex loci of corporate shares intentionis (proper law of the contract) – for this is really a contract; usually this is the place where the certificate is delivered) Taxation on the dividends of Law of the place of incorporation corporate shares Taxation on the income from the sale Law of the place where the sale was of corporate shares consummated Franchises Law of the place that granted them Goodwill of the business & taxation Law of the place where the business thereto is carried on Patents, copyrights, trademarks, In the absence of a treaty, they are trade names protected only by the state that granted them NOTE: foreigners may sue for infringement of trademarks and trade names in the RP ONLY IF Filipinos are granted reciprocal concessions in the state of the foreigners

Wills, Succession & Administration of Conflict Rules FACTUAL SITUATION POINT OF CONTACT EXTRINSIC VALIDITY OF WILLS 1 Made by an alien abroad Lex nationalii OR lex domicilii OR RP law (Article 816, CC), OR lex loci celebrationis (Article 17(1)) 2 Made by a Filipino abroad Lex nationalii OR lex loci celebrationis (Article 815) 3 Made by an alien in the RP Lex nationalii OR lex loci celebrationis (Article 817) FACTUAL SITUATION EXTRINSIC VALIDITY OF JOINT WILLS (MADE SAME INSTRUMENT) 1 Made by Filipinos abroad 2

Made by aliens abroad

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Made by aliens in the RP

POINT OF CONTACT IN THE

Lex nationalii (void, even if valid where made) (Article 819) Valid if valid according to lex domicilii or lex loci celebrationis (Article 819) Lex loci celebrationis therefore void even if apparently allowed by Article 817 because the prohibition on joint wills is a clear expression of public policy

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INTRINSIC VALIDITY OF WILLS

CAPACITY TO SUCCEED REVOCATION OF WILLS 1 If done in the RP 2

a. By a NON-DOMICILIARY

Lex loci celebrationis (of the making of the will, NOT revocation), OR lex domicilii (Article 829)

b. By a DOMICILIARY of the RP

Lex domicilii (RP law) OR lex loci actus (of the revocation) (Article 17)

If already probated abroad

EXECUTORS AND ADMINISTRATORS 1 Where appointed 2

Lex loci actus (of the revocation) (Article. 829)

If done OUTSIDE the RP

PROBATE OF WILLS MADE ABROAD 1 If not yet probated abroad

2

Lex nationalii of the deceased – regardless of the LOCATION & NATURE of the property (Article 16 (2)) Lex nationalii of the deceased – not of the heir (Article 1039)

Powers

RULES ON OBLIGATION AND CONTRACTS FACTUAL SITUATION FORMAL OR EXTRINSIC VALIDITY Exceptions

Lex fori of the RP applies as to the procedural aspects, i.e., the will must be fully probated here & due execution 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 foreign judgment on the probate abroad Place where domiciled at death or incase of non-domiciliary, where assets are found Co-extensive with the qualifying of the appointing court – powers may only be exercised within the territorial jurisdiction of the court concerned NOTE: these rules also apply to principal, domiciliary, or ancillary administrators & receivers even in non-successive cases POINT OF CONTACT Lex loci celebrationis (Article 17 {1})

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a. Alienation & encumbrance of Lex situs (Article 16 [1]) property b. Consular contracts CAPACITY OF CONTRACTING PARTIES

Law of the RP (if made in 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 of lex loci celebrationis

Exception Alienation property INTRINSIC

&

encumbrance

of Lex situs (Article 16 {1})

(INCLUDING INTERPRETATION OF Proper law of the contract – lex THE INSTRUMENTS, AND AMT. OF DAMAGES FOR contractus (in the broad sense), BREACH) meaning the lex voluntatis or lex loci intentionis VALIDITY

OTHER THEORIES ARE: a. Lex loci celebrationis (defect: this makes possible the evasion of the national law) b. Lex nationalii (defect: this may impede commercial transactions) c. Lex loci solutionis (law of the place of performance) (defect: there may be several places of performance d. Prof Minor’s solution: i. Perfection – lex loci celebrationis ii. Cause or consideration – lex loci considerations iii. Performance – lex loci solutionis (defect: this theory combines the defect of the others) RULES ON TORTS FACTUAL SITUATION Liability & damages for torts in general

POINT OF CONTACT Lex loci delicti (law of the place where the delict was committed)

NOTE: The locus delicti (place of commission of torts) is faced by the NOTE: liability for foreign torts may be problem of characterization. In civil law enforced in the RP if: countries, the locus delicti is generally a. The tort is not penal in character where the act began; in common law b. If the enforcement of the tortious countries, it is where the act first liability won’t contravene our public became effective policy c. If our judicial machinery is adequate for such enforcement RULES ON CRIMES FACTUAL SITUATION

POINT OF CONTACT 12

ESSENTIAL ELEMENTS OF A CRIME AND PENALTIES

Generally where committed (locus regit actum)

THEORIES AS TO WHAT COURT HAS JURISDICTION: a. Territoriality theory – where the crime was committed b. Nationality theory – country which the criminal is citizen or a subject c. Real theory – any state whose penal code has been violated has jurisdiction, where the crime was committed inside or outside its territory d. Protective theory – any state whose national interests may be jeopardized has jurisdiction so that it may protect itself e. Cosmopolitan or universality theory – state where the criminal is found or which has his custody has jurisdiction f. 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 1 Frustrated an consummated, Where the victim was injured (not homicide, murder, infanticide & where the aggressor wielded his parricide weapon) 2 Attempted homicide, etc. Where the intended victim was (not where the aggressor was situated) – so long as the weapon or the bullet either touched him or fell inside the territory where he was 3 Bigamy Where the illegal marriage was performed 4 Theft & robbery Where the property was unlawfully taken from the victim (not the place to which the criminal went after the commission of the crime) 5 Estafa or swindling thru false Where the object of the crime was representation received (not where the false representations were made) 6 Conspiracy to commit treason, Where the conspiracy was formed rebellion, or sedition (not where the overt act of treason, NOTE: Other conspiracies are NOT rebellion or sedition was committed) penalized by our laws 7 Libel Where published or circulated 8 Continuing crime Any place where the offense begins, exists or continues 9 Complex crime Any place where any of the essential elements of the crime took place Rules on Juridical Persons FACTUAL SITUATION CORPORATIONS Powers and liabilities

POINT OF CONTACT General rule: the law of the place of 13

incorporation EXCEPTIONS: a. 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 b. 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 TEST) Formation of the corporation Law of the place of incorporation (requisites); kind of stocks, transfer of stocks to bind the corporation, issuance, amount & legality & dividends, powers & duties of members, stockholders and officers Validity of corporate acts & contracts Law of the place of incorporation & (including ultra vires acts) law of the place of performance (the act or contract must be authorized by BOTH laws) Right to sue & amenability to court Lex fori processes & suits against it Manner & effect of dissolution Law of the place of incorporation provided that the public policy of the forum is not militated against Domicile 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 functions (Article. 15) Receivers (appointment & powers) 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 authority of the appointing court

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NOTE: Theories on the personal and/or governing law of corporations: a. Law of the place of incorporation (this is generally the RP rule) b. Law of the place or center of management (center for administration or siege social) (center office principle) c. Law of the place of exploitation (exploitation centre or siege d’ exploitation) PARTNERSHIPS The existence or non-existence of The personal law of the partnership, legal personality of the firm; the i.e., the law of the place where it was capacity to contract; liability of the created (Article 15 of the Code of firm & the partners to 3rd persons Commerce) (Subject to the exceptions given above as in the case of corps.) Creation of branches in the RP; RP law (law of the place where validity & effect of the branches’ branches were created) (Article 15, commercial transaction; & the Code of Commerce) jurisdiction of the court Dissolution, winding up, & RP law (Article 15, Code of termination of branches in the RP 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) Receivers RP law insofar as the assets in the RP are concerned can be exercised as such only in the RP FOUNDATIONS (COMBINATION OF CAPITAL Personal law of the foundation INDEPENDENT OF INDIVIDUALS, USUALLY NOT FOR (place of principal center of PROFIT) administration) 1.

CASES 1. CADALIN VS POEA - 12-5-94 - court of forum will not enforce any foreign claim obnoxious to the public policy of the forum. -- foreign procedural law is inapplicable in the forum. Procedural matter are governed by the law of the forum even if the action is based on foreign law. 2. HSBC VS SHERMAN - an agreement to sue and be sued is a specific court does not preclude the filing of suit in the residence of plaintiff or defendant - renuncio non prasunitur 3. SALVACION VS BVP - When the local law gives protection to the foreigner with prejudice against a national, , interpretation should be in favor of the national. 4. LAUREL VS GARCIA - lex situs is applicable only in a dispute over the title of an immovable such that capacity to take and transfer, or the interpretation and effect of conveyance and the essential validity of transfer not when the issue is tether 15

authority of the government to sue the immovable is in question. 5. AZNAR VS GARCIA - Renvoi - when the nationality of the deceased (foreigner) states that the law of the domicile (Phil) should govern, then the successional rights of the heir is govern by the Phil law. 6. SAUDI ARABIAN AIRLINE VS CA 10-8-98 - when the factual situation of the case has significant relation to the place of the forum, and the defendant is a foreign corporation engaged in doing in business in the Phil and the plaintiff is a resident therein, the court can acquire jurisdiction over the case. 8. PAKISTAN VS OPLE - if respondent did not present evidence of foreign law, it is presumed that the foreign law is the same as the law of the forum. - stipulation of the parties does not deprive the forum of its jurisdiction REBUS SiC INSTANTIBUS - opposite of pacta sunt servanda - justify the non performance of the treaty - requires political act 9. BANCO DE BRAZIL VS CA 6-16-00 - an action for damages iis an action in personam. - summon by publication or service of summon to the ambassador of Brazil does not acquire jurisdiction to the petitioner. non-resident corporation - cannot acquire jurisdiction in personal action 10. MHC vs NLRC 10-13-00 - if the only link it has with the case is that the respondent is a Filipino Resident, case cannot be tried. - if case involve purely foreign element - court ca refuse to assume jurisdiction forum non conviniens Court can assume if the ff requirements are present 1. Phil court is one the which the parties may conveniently resolve; 2. The Phil court is in the position to make an intelligent decision as to the law and fact. 3. The Phil court has likely to enforce the decision. OTHER CASES 2. Phil aluminium vs RTC of Pasig - 10-12-00 GRN 137378 3. Nagarmull vs binalbagan GRN L-22478, 5-28/78 4. NW Orient airline vs Ca - GRN 112573, 2-9-95 5. Perkins vs Dizon 6. Boudard vs Tait 7. Perkins vs Benguet Consolidated Mining 8. Philsec vs Ca 16

Inghenoil vs Walter and olsen GRN 22288 1-12-25 10. Asiavest vs CA 110263 7-20-01 9.

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