PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS 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 place of place of place of of the res celebration the act 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 a. Direct sources ~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

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS -lex loci celebrationis -LEx loci actus -LEx rei sitae/lex situs -lex loci delictus -lex loci contractus -lex domicilli -principle of territoriality -Kilberg doctrine b. 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 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

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS 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 jurisdictionsaudia 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 CONFLICT OF LAW Municipal in character Dealt with by private individuals; governs individuals in their private transactions which involve a foreign element Private transactions between private individuals Resort to municipal tribunals LAW OF NATIONS International in character Sovereign states and other entities possessing international personality, e.g., UN; governs states in their relationships amongst themselves Generally affected by public interest; those in general are of interest only to sovereign states 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 agencies Forcible: includes severance of diplomatic relations, retorsions, reprisals, embargo, boycott, non-intercourse, pacific blockades, collective measures under the UN Charter, and war.

Transactio ns involved Remedies and Sanctions

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS

TERMS: LEX DOMICILII - law of the domicile; in conflicts, the law of one's domicile applied in the choice of law questions LEX FORI - law of the forum; that is, the positive law of the state, country or jurisdiction of whose judicial system of the court where the suit is brought or remedy is sought is an integral part. Substantive rights are determined by the law where the action arose (lex loci) while the procedural rights are governed by the law of the place of the forum (lex fori) LEX LOCI - law of the place LEX LOCI CONTRACTUS - the law of the place where the contract was made or law of the place where the contract is to be governed (place of performance) which may or may not be the same as that of the place where it was made LEX LOCI REI SITAE - law of the place where the thing or subject matter is situated; the title to realty or question of real estate law can be affected only by the law of the place where it is situated LEX SITUS - law of the place where property is situated; the general rule is that lands and other immovables are governed by the law of the state where they are situated LEX LOCI ACTUS - law of the place where the act was done LEX LOCI CELEBRATIONIS - law of the place where the contract is made LEX LOCI SOLUTIONIS - law of the place of solution; the law of the place where payment or performance of a contract is to be made LEX LOCI DELICTI COMMISSI - law of the place where the crime took place LEX MEREATORIA - law merchant; commercial law; that system of laws which is adopted by all commercial nations and constitute as part of the law of the land; part of common law LEX NON SCRIPTA - the unwritten common law, which includes general and particular customs and particular local laws LEX PATRIAE - national law RENVOI DOCTRINE - doctrine whereby a jural matter is presented which the conflict of laws rules of the forum refer to a foreign law which in turn, refers the matter back to the law of the forum or a third state. When reference is made back to the law of the forum, this is said to be "remission" while reference to a third state is called "transmission." NATIONALITY THEORY - by virtue of which the status and capacity of an individual are generally governed by the law of his nationality. This is principally adopted in the RP

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS 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 nonresident 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 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

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS 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. Theory of Comity foreign law is applied because of its convenience & because we want to give protection to our citizens, residents, & transients in our land 2. Theory of Vested Rights we seek to enforce not foreign law itself but the rights that have been vested under such foreign law; an act done in another state may give rise to the existence of a right if the laws of that state crated such right. 3. Theory of Local Law- adherents of this school of thought believe that we apply foreign law not because it is foreign, but because our laws, by applying similar rules, require us to do so; hence, it is as if the foreign law has become part & parcel of our local law 4. Theory of Harmony of Laws theorists here insist that in many cases we have to apply the foreign laws so that wherever a case is decided, that is, irrespective of the forum, the solution should be approximately the same; thus, identical or similar solutions anywhere & everywhere. When the goal is realized, there will be harmony of laws 5. Theory of Justice the purpose of all laws, including Conflict of Laws, is the dispensing of justice; if this can be attained in may cases applying the proper foreign law, we must do so RULES 1 2 3 4 5 6 7
ON

STATUS

IN

GENERAL POINT OF CONTACT National law of the child (Article 15, CC) Same Same Same Same Same Lex fori (Article 43, 390, 391, CC; Rule 131 5 [jj], Rules of Court)

FACTUAL SITUATION Beginning of personality of natural person Ways & effects of emancipation Age of majority Use of names and surnames Use of titles of nobility Absence Presumptive death & survivorship

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS RULES ON MARRIAGE AS A CONTRACT FACTUAL SITUATION Between Filipinos Celebrated Abroad 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) Lex loci celebrationis (with prejudice to the foregoing rules)

Between Foreigners

Mixed Celebrated in RP Between Foreigners

Mixed

Marriage by proxy (NOTE: a marriage by proxy is considered celebrated where the proxy appears RULES ON MARRIAGE AS A STATUS FACTUAL SITUATION 1 Personal rights & obligations between husband & wife

Property relations bet husband & wife

POINT OF CONTACT National of husband (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 nationality of husband at the time of wedding) National law of husband without prejudice to what the CC provides concerning REAL property located in the RP (Article 80) (NOTE: Change of nationality has NO EFFECT. This is the DOCTRINE OF IMMUTABILITY IN THE MATRIMONIAL PROPERTY REGIME)

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS RULES ON PROPERTY FACTUAL SITUATION REAL PROPERTY Successional rights Exceptions Capacity to succeed Contracts involving real property which do not deal with the title thereto Contracts where the real property is given as security POINT OF CONTACT Lex rei sitae (Article 16, CC) National law of decedent (Article 16 par. 2, CC) National law of decedent (Article. 1039) The law intended will be the proper law of the contract (lex loci voluntantis or lex loci intentionis)

The principal contract (usually loan) 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 property EXCEPTION: same as those for real property EXCEPT that in the example concerning mortgage, the same must be changed to pledge of personal property) Law of the flag (or in some cases, place of registry) Law of the depot (storage place for supplies or resting place)

MEANS

OF

TRANSPORTATION

Vessels Other means 3 THINGS

Loss, destruction, deterioration

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

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS Disposition or alienage of the goods FACTUAL SITUATION INTANGIBLE PERSONAL PROPERTY (CHOSES IN ACTION) 1 Recovery of debts or involuntary assignment of debts (garnishment) 2 Voluntary assignment of debts Lex loci volutantis or lex loci intentionis because here there is a contract POINT OF CONTACT Where debtor may be effectively served with summons (usually the domicile) Lex loci voluntatis or lex loci intentionis (proper law of the contract)

3 4 5

6 7 8

9 1 0 1 1 1 2 1 3

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 The right embodied in the of an instrument 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 negotiation of the instrument instrument at the time of transfer, delivery or negotiation Effect on a corporation of the Law of the place incorporation sale of corporate shares Effect between the parties of the Lex loci voluntatis or lex loci sale 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 Law of the place where the sale sale of corporate shares was consummated Franchises Law of the place that granted them Goodwill of the business & Law of the place where the taxation thereto business is carried on Patents, copyrights, trademarks, In the absence of a treaty, they trade names are 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

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS 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 IN THE SAME INSTRUMENT) 1 Made by Filipinos abroad 2 3 Made by aliens abroad Made by aliens in the RP POINT OF CONTACT 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 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) Lex loci actus (of the revocation) (Article. 829) Lex loci celebrationis (of the making of the will, NOT revocation), OR lex domicilii (Article 829) Lex domicilii (RP law) OR lex loci actus (of the revocation) (Article 17) 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

INTRINSIC VALIDITY

OF

WILLS

CAPACITY

TO

SUCCEED

REVOCATION OF WILLS 1 If done in the RP 2 If done OUTSIDE the RP a. By a NON-DOMICILIARY

b. By a DOMICILIARY of the RP PROBATE OF WILLS MADE ABROAD 1 If not yet probated abroad

If already probated abroad

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS instead of proving due execution, generally it is enough to ask for the enforcement here of the foreign judgment on the probate abroad EXECUTORS AND ADMINISTRATORS 1 Where appointed 2 Powers 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

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS RULES ON OBLIGATION AND CONTRACTS FACTUAL SITUATION POINT OF CONTACT FORMAL OR EXTRINSIC VALIDITY Lex loci celebrationis (Article 17 {1}) Exceptions a. Alienation & encumbrance of property b. Consular contracts CAPACITY
OF

Lex situs (Article 16 [1]) 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 Lex situs (Article 16 {1}) Proper law of the contract lex contractus (in the broad sense), meaning the lex voluntatis or lex loci intentionis

CONTRACTING PARTIES

Exception Alienation & encumbrance of property INTRINSIC VALIDITY (INCLUDING INTERPRETATION OF THE INSTRUMENTS, AND AMT. OF DAMAGES FOR BREACH)

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

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS ESSENTIAL Generally where committed PENALTIES (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
ELEMENTS OF A CRIME AND

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 homicide, murder, infanticide & (not where the aggressor parricide wielded his 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 representation was received (not where the false representations were made) 6 Conspiracy to commit treason, Where the conspiracy was rebellion, or sedition formed (not where the overt act NOTE: Other conspiracies are of treason, rebellion or sedition NOT penalized by our laws was committed) 7 8 9 Libel Continuing crime Complex crime Where published or circulated Any place where the offense begins, exists or continues Any place where any of the essential elements of the crime took place POINT OF CONTACT General rule: the law of the place of incorporation EXCEPTIONS:

Rules on Juridical Persons FACTUAL SITUATION CORPORATIONS Powers and liabilities

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS a. For constitutional purposes even of the corporation was incorporated in the RP, it is nor deemed a Filipino corporation & therefore cant 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) Law of the place of incorporation

Formation of the corporation (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 & Law of the place of contracts (including ultra vires incorporation & law of the place acts) of performance (the act or contract must be authorized by BOTH laws) Right to sue & amenability to Lex fori court 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 & Principal receiver is appointed powers) by the courts of the state of incorporation; ancillary receivers, by the courts of any state where the corporation has assets (authority is COEXTENSIVE) w/ the authority of the appointing court 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

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS The existence or non-existence of legal personality of the firm; the capacity to contract; liability of the firm & the partners to 3rd persons Creation of branches in the RP; validity & effect of the branches commercial transaction; & the jurisdiction of the court Dissolution, winding up, & termination of branches in the RP Domicile The personal law of the partnership, i.e., the law of the place where it was created (Article 15 of the Code of Commerce) (Subject to the exceptions given above as in the case of corps.) RP law (law of the place where branches were created) (Article 15, Code of Commerce) RP law (Article 15, Code of Commerce) If not fixed by the law creating or recognizing the partnership or by any other provision the domicile is where it is legal representation is established or where it exercises its principal functions (Article. 15) RP law insofar as the assets in the RP are concerned can be exercised as such only in the RP Personal law of the foundation (place of principal center of administration)

Receivers FOUNDATIONS (COMBINATION

OF CAPITAL INDEPENDENT OF INDIVIDUALS, USUALLY NOT FOR PROFIT)

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 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.

PINK NOTES: Rinchels guide to pass your law subjects CONFLICTS OF LAWS 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 9. Inghenoil vs Walter and olsen GRN 22288 1-12-25 10. Asiavest vs CA 110263 7-20-01