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
the court.

discretionary to

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
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.

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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
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

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

LAW OF NATIONS
International in character
Sovereign states and other entities
possessing international personality,
e.g., UN; governs states in their
relationships amongst themselves

Transactions
involved

Private transactions between private

individuals

Remedies
Sanctions

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, nonintercourse,
pacific
blockades,
collective measures under the UN
Charter, and war.

1
2

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and

Resort to municipal tribunals

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

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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.

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The proper foreign law was not properly pleaded and proved

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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
iii.

b.

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
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

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

2
3
4
5
6
7

Celebrated Abroad

RULES ON MARRIAGE AS A CONTRACT

FACTUAL SITUATION
Between Filipinos

Between Foreigners

Mixed
Between Foreigners

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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)
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
brother-sister, and ascendants-descendants)
Apply 1 (b) to uphold validity of marriage
National law (Article 21, FC) PROVIDED the
marriage is not highly immoral or universally
considered incestuous)

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RPCelebrated in

Mixed

National law of Filipino (otherwise public policy

may be militated against)

Marriage by proxy (NOTE: a marriage by proxy is

considered celebrated where the proxy appears

Lex loci celebrationis (with prejudice to the

foregoing rules)

RULES ON MARRIAGE AS A STATUS

FACTUAL SITUATION
1
Personal rights & obligations between husband &
wife

Property relations bet husband & wife

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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)

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Exceptions

RULES ON PROPERTY
FACTUAL SITUATION
REAL PROPERTY
Successional rights

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

Capacity to succeed

National law of decedent (Article. 1039)

Contracts involving real property which do not

deal with the title thereto

The law intended will be the proper law of the

contract (lex loci voluntantis or lex loci
intentionis)

Contracts where the real property is given as

security

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)

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 goods

Locus regit actum (where seized) 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

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FACTUAL SITUATION
INTANGIBLE PERSONAL PROPERTY (CHOSES IN ACTION)
1
Recovery of debts or involuntary assignment of
debts (garnishment)
2
Voluntary assignment of debts

3
4

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
Administration of debts

Negotiability
instrument

Validity of transfer, delivery or negotiation of the

instrument
Effect on a corporation of the sale of corporate
shares
Effect between the parties of the sale of
corporate shares

7
8

9
10
11
12
13

or

non-negotiability

of

an

Taxation on the dividends of corporate shares

Taxation on the income from the sale of
corporate shares
Franchises
Goodwill of the business & taxation thereto
Patents, copyrights, trademarks, trade names

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)

Domicile of creditor
Lex situs of assets of the debtor (for these assets
can be held liable for the debts)
The right embodied in the instrument (for
example, in the case of a Swedish bill of
exchange,
Swedish
law
determines
its
negotiability)
In general, situs of the instrument at the time of
transfer, delivery or negotiation
Law of the place incorporation
Lex loci voluntatis or lex loci intentionis (proper
law of the contract) for this is really a contract;
usually this is the place where the certificate is
delivered)
Law of the place of incorporation
Law of the place where the sale was
consummated
Law of the place that granted them
Law of the place where the business is carried on
In the absence of a treaty, they 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 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
816, CC), OR lex loci celebrationis (Article
2
Made by a Filipino abroad
Lex nationalii OR lex loci celebrationis
815)
3
Made by an alien in the RP
Lex nationalii OR lex loci celebrationis
817)
FACTUAL SITUATION
EXTRINSIC VALIDITY OF JOINT WILLS (MADE IN THE SAME
INSTRUMENT)
1
Made by Filipinos abroad
2

Made by aliens abroad

Made by aliens in the RP

INTRINSIC VALIDITY OF WILLS

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

(Article

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)

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)

PROBATE OF WILLS MADE ABROAD

1
If not yet probated abroad
2

(Article
17(1))
(Article

If already probated abroad

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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

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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
EXECUTORS AND ADMINISTRATORS
1
Where appointed
2

Place where domiciled at death or incase of nondomiciliary, 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

Powers

RULES ON OBLIGATION AND CONTRACTS

FACTUAL SITUATION
FORMAL OR EXTRINSIC VALIDITY
Exceptions
a.

POINT OF CONTACT
Lex loci celebrationis (Article 17 {1})

Alienation & encumbrance of property

Lex situs (Article 16 [1])

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

OF

THE

Lex situs (Article 16 {1})

Proper law of the contract lex contractus (in the
broad sense), meaning the lex voluntatis or lex
loci intentionis

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

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

RULES ON CRIMES
FACTUAL SITUATION
POINT OF CONTACT
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, homicide, murder, Where the victim was injured (not where the
infanticide & parricide
aggressor 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

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Theft & robbery

Estafa or swindling thru false representation

7
8

Conspiracy to commit treason, rebellion, or

sedition
NOTE: Other conspiracies are NOT penalized by
our laws
Libel
Continuing crime

Complex crime

Rules on Juridical Persons

FACTUAL SITUATION
CORPORATIONS
Powers and liabilities

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 & contracts (including
ultra vires acts)
Right to sue & amenability to court processes &
suits against it
Manner & effect of dissolution

Where the property was unlawfully taken from

the victim (not the place to which the criminal
went after the commission of the crime)
Where the object of the crime was received (not
where the false representations were made)
Where the conspiracy was formed (not where the
overt act of treason, rebellion or sedition was
committed)
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:
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

Law of the place of incorporation & law of the

place of performance (the act or contract must
be authorized by BOTH laws)
Lex fori

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
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 legal The personal law of the partnership, i.e., the law
personality of the firm; the capacity to contract; of the place where it was created (Article 15 of
liability of the firm & the partners to 3rd persons
the Code of Commerce) (Subject to the
exceptions given above as in the case of corps.)
Creation of branches in the RP; validity & effect RP law (law of the place where branches were
of the branches commercial transaction; & the created) (Article 15, Code of Commerce)
jurisdiction of the court
Dissolution, winding up, & termination of RP law (Article 15, Code of Commerce)
branches in the RP
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 INDEPENDENT OF Personal law of the foundation (place of principal
INDIVIDUALS, USUALLY NOT FOR PROFIT)
center of administration)

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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.
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

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