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    Van Dorn Vs Romillo

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    rafaelturtle_ninja
    place of incorporation and place of business of the parties; and (d) the 1) Morada, a Filipina flight attendant for Saudi Arabian Airlines (SAUDIA), was wrongfully convicted of adultery, violating Islamic laws, and socializing with male crew by a Saudi court and sentenced to imprisonment and lashing. She sued SAUDIA for damages in the Philippines. 2) The RTC found it had jurisdiction over the case as Morada is a Filipina resident and SAUDIA a foreign corporation. While there was a foreign element, Morada's complaint involved domestic civil law. 3) The RTC was the appropriate venue as Morada no longer had

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    Van Dorn Vs Romillo

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    rafaelturtle_ninja
    76 views4 pages
    place of incorporation and place of business of the parties; and (d) the 1) Morada, a Filipina flight attendant for Saudi Arabian Airlines (SAUDIA), was wrongfully convicted of adultery, violating Islamic laws, and socializing with male crew by a Saudi court and sentenced to imprisonment and lashing. She sued SAUDIA for damages in the Philippines. 2) The RTC found it had jurisdiction over the case as Morada is a Filipina resident and SAUDIA a foreign corporation. While there was a foreign element, Morada's complaint involved domestic civil law. 3) The RTC was the appropriate venue as Morada no longer had

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    Van Dorn vs Romillo

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    Van Dorn vs Romillo

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    place of incorporation and place of business of the parties; and (d) the 1) Morada, a Filipina flight attendant for Saudi Arabian Airlines (SAUDIA), was wrongfully convicted of adultery, violating Islamic laws, and socializing with male crew by a Saudi court and sentenced to imprisonment and lashing. She sued SAUDIA for damages in the Philippines. 2) The RTC found it had jurisdiction over the case as Morada is a Filipina resident and SAUDIA a foreign corporation. While there was a foreign element, Morada's complaint involved domestic civil law. 3) The RTC was the appropriate venue as Morada no longer had

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    76 views4 pages

    Van Dorn Vs Romillo

    Uploaded by

    rafaelturtle_ninja
    place of incorporation and place of business of the parties; and (d) the 1) Morada, a Filipina flight attendant for Saudi Arabian Airlines (SAUDIA), was wrongfully convicted of adultery, violating Islamic laws, and socializing with male crew by a Saudi court and sentenced to imprisonment and lashing. She sued SAUDIA for damages in the Philippines. 2) The RTC found it had jurisdiction over the case as Morada is a Filipina resident and SAUDIA a foreign corporation. While there was a foreign element, Morada's complaint involved domestic civil law. 3) The RTC was the appropriate venue as Morada no longer had

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    Van Dorn vs Romillo (G.R. No.

    L-68470)
    FACTS:
    Petitioner Alice Reyes is a citizen of the Philippines while private
    respondent is a citizen of the United States; they were married in
    Hongkong. Thereafter, they established their residence in the
    Philippines and begot two children. Subsequently, they were
    divorced in Nevada, United States, and that petitioner has remarried also in Nevada, this time to Theodore Van Dorn.

    Thus, pursuant to his national law, private respondent is no longer


    the husband petitioner. He would have no standing to sue in the
    case below as petitioners husband entitled to exercise control
    over conjugal assets. As he is bound by the decision of his own
    countrys court, which validly exercised jurisdiction over him, and
    whose decision he does not repudiate, he is stopped by his own
    representation before said court from asserting his right over the
    alleged conjugal property.
    Aznar vs. Garcia, G.R. No. L-16749, Jan. 3, 1963

    Private respondent filed suit against petitioner, stating that


    petitioners business in Manila is their conjugal property; that
    petitioner he ordered to render accounting of the business and
    that private respondent be declared to manage the conjugal
    property. Petitioner moved to dismiss the case contending that
    the cause of action is barred by the judgment in the divorce
    proceedings before the Nevada Court. The denial now is the
    subject of the certiorari proceeding.

    FACTS: Edward Christensen, who at his death was a US citizen but


    domiciled in the Philippines, left a will, devising unto Maria Helen
    a certain amount of money and giving the rest of his estate to
    Maria Lucy. Helen opposed the partition on the ground that she is
    deprived of her legitime. Her contention is that the law of
    California directs that the law of the domicile (Philippines) should
    govern the will.

    ISSUE:

    ISSUE: Whether or not the national law or the domiciliary law


    should apply

    Whether or not the divorce obtained by the parties is binding only


    to the alien spouse.
    HELD:
    Is it true that owing to the nationality principle embodied in
    Article 15 of the Civil Code, only Philippine nationals are covered
    by the policy against absolute divorces the same being
    considered contrary to our concept of public policy and morality.
    However, aliens may obtain divorces abroad, which may be
    recognized in the Philippines, provided they are valid according to
    their national law. In this case, the divorce in Nevada released
    private respondent from the marriage from the standards of
    American Law, under which divorce dissolves the marriage.

    HELD: The intrinsic validity of wills is governed by the national law


    of the decedent. In the present case, the national law of Edward is
    the laws of California. However, there were two conflicting
    California laws regarding succession.
    One is enunciated in In Re Kaufman (which does not provide for
    legitimes) and another is Art. 946 of the California Civil Code
    (which provides that the law of the domicile applies). SC held that
    the national law is Art. 946, which is the conflict of laws rule of
    California.
    The reason is that In Re Kaufman applies only to residents while
    Art. 946 is specific to non-residents. Thus, since Art. 946 contains
    a refer-back to Philippine laws (the law of the domicile), then
    Maria Helen is entitled to her legitime.

    SAUDI

    ARABIAN

    AIRLINES

    OF

    SAUDIA denied her the assistance she requested, But because she was

    APPEALS, MILAGROS P. MORADA and HON. RODOLFO A.

    wrongfully convicted, Prince of Makkah dismissed the case against her

    ORTIZ, in his capacity as Presiding Judge of Branch 89,

    and allowed her to leave Saudi Arabia. Shortly before her return to

    RTC

    Manila, she was terminated from the service by SAUDIA, without her

    of

    (SAUDIA)

    vs.

    Quezon

    COURT

    City

    G.R. No. 122191 October 8, 1998

    being informed of the cause.

    FACTS: Petitioner SAUDIA hired private respondent MORADA as a

    On November 23, 1993, Morada filed a Complaint for damages against

    flight attendant in 1988, based in Jeddah. On 1990, while on a lay-over

    SAUDIA, and Khaled Al-Balawi (Al-Balawi), its country manager.

    in Jakarta, Indonesia, she went to party with 2 male attendants, and on

    SAUDIA ALLEGES: Private respondents claim for alleged abuse of

    the following morning in their hotel, one of the male attendants

    rights occurred in the Kingdom of Saudi Arabia. It alleges that the

    attempted to rape her. She was rescued by hotel attendants who heard

    existence of a foreign element qualifies the instant case for the

    her cry for help. The Indonesian police arrested the 2.

    application of the law of the Kingdom of Saudi Arabia, by virtue of the


    lex loci delicti commissi rule.

    MORADA returned to Jeddah, but was asked by the company to go back


    to Jakarta and help arrange the release of the 2 male attendants.

    MORADA ALLEGES: Since her Amended Complaint is based on

    MORADA did not cooperate when she got to Jakarta.

    Articles 19 and 21 of the Civil Code, then the instant case is properly a
    matter of domestic law.

    What followed was a series of interrogations from the Saudi Courts


    which she did not understand as this was in their language. In 1993, she

    ISSUE: WON the Philippine courts have jurisdiction to try the case

    was surprised, upon being ordered by SAUDIA to go to the Saudi court,


    that she was being convicted of (1) adultery; (2) going to a disco,
    dancing and listening to the music in violation of Islamic laws; and (3)
    socializing with the male crew, in contravention of Islamic tradition,
    sentencing her to five months imprisonment and to 286 lashes. Only
    then did she realize that the Saudi court had tried her, together with the
    2, for what happened in Jakarta.

    HELD: YES.
    On the presence of a Foreign Element in the case: A factual situation
    that cuts across territorial lines and is affected by the diverse laws of two
    or more states is said to contain a foreign element. The presence of a
    foreign element is inevitable since social and economic affairs of
    individuals and associations are rarely confined to the geographic limits
    of their birth or conception. The forms in which this foreign element

    may appear are many. The foreign element may simply consist in the

    Thousand

    pesos

    (P200,000.00).

    (Emphasis

    ours)

    fact that one of the parties to a contract is an alien or has a foreign

    xxx

    domicile, or that a contract between nationals of one State involves

    Section 2 (b), Rule 4 of the Revised Rules of Court the venue, Quezon

    properties situated in another State. In other cases, the foreign element

    City,

    may assume a complex form.

    Sec. 2 Venue in Courts of First Instance. [Now Regional Trial Court]

    xxx

    xxx

    is

    (a)

    appropriate:

    xxx

    xxx

    xxx

    In the instant case, the foreign element consisted in the fact that private

    (b) Personal actions. All other actions may be commenced and tried

    respondent Morada is a resident Philippine national, and that petitioner

    where the defendant or any of the defendants resides or may be found,

    SAUDIA is a resident foreign corporation. Also, by virtue of the

    or where the plaintiff or any of the plaintiff resides, at the election of the

    employment of Morada with the petitioner Saudia as a flight stewardess,

    plaintiff.

    events did transpire during her many occasions of travel across national
    borders, particularly from Manila, Philippines to Jeddah, Saudi Arabia,

    Weighing the relative claims of the parties, the court a quo found it best

    and vice versa, that caused a conflicts situation to arise.

    to hear the case in the Philippines. Had it refused to take cognizance of


    the case, it would be forcing plaintiff (private respondent now) to seek

    COURT disagrees with MORADA that his is purely a domestic case.

    remedial action elsewhere, i.e. in the Kingdom of Saudi Arabia where

    However, the court finds that the RTC of Quezon City possesses

    she no longer maintains substantial connections. That would have

    jurisdiction over the subject matter of the suit. Its authority to try and

    caused

    hear the case is provided for under Section 1 of Republic Act No. 7691,

    Moreover, by hearing the case in the Philippines no unnecessary

    to wit:

    difficulties and inconvenience have been shown by either of the parties.

    BP129 Sec. 19. Jurisdiction in Civil Cases. Regional Trial Courts shall
    exercise
    xxx

    exclusive
    xxx

    jurisdiction:

    fundamental

    unfairness

    to

    her.

    The choice of forum of the plaintiff (now private respondent) should be


    upheld.

    xxx

    The trial court also acquired jurisdiction over the parties. MORADA

    (8) In all other cases in which demand, exclusive of interest, damages of

    through her act of filing, and SAUDIA by praying for the dismissal of the

    whatever kind, attorney`ys fees, litigation expenses, and cots or the

    Amended Complaint on grounds other than lack of jurisdiction.

    value of the property in controversy exceeds One hundred thousand


    pesos (P100,000.00) or, in such other cases in Metro Manila, where the

    As to the choice of applicable law, we note that choice-of-law problems

    demand, exclusive of the above-mentioned items exceeds Two hundred

    seek

    to

    answer

    two

    important

    questions:

    (1) What legal system should control a given situation where some of the

    In applying State of the most significant relationship rule, to

    significant

    determine the State which has the most significant relationship, the

    facts

    occurred

    in

    two

    or

    more

    states;

    and

    (2) to what extent should the chosen legal system regulate the situation.

    following contacts are to be taken into account and evaluated according


    to their relative importance with respect to the particular issue: (a) the

    Considering that the complaint in the court a quo is one involving torts,

    place where the injury occurred; (b) the place where the conduct

    the connecting factor or point of contact could be the place or places

    causing the injury occurred; (c) the domicile, residence, nationality,

    where the tortious conduct or lex loci actus occurred. And applying the

    place of incorporation and place of business of the parties, and (d) the

    torts principle in a conflicts case, we find that the Philippines could be

    place where the relationship, if any, between the parties is centered.

    said as a situs of the tort (the place where the alleged tortious conduct
    took place). This is because it is in the Philippines where petitioner

    As already discussed, there is basis for the claim that over-all injury

    allegedly deceived private respondent, a Filipina residing and working

    occurred and lodged in the Philippines. There is likewise no question

    here. According to her, she had honestly believed that petitioner would,

    that private respondent is a resident Filipina national, working with

    in the exercise of its rights and in the performance of its duties, act with

    petitioner, a resident foreign corporation engaged here in the business

    justice, give her due and observe honesty and good faith. Instead,

    of international air carriage. Thus, the relationship between the

    petitioner failed to protect her, she claimed. That certain acts or parts of

    parties was centered here, although it should be stressed that this suit is

    the injury allegedly occurred in another country is of no moment. For in

    not based on mere labor law violations. From the record, the claim that

    our view what is important here is the place where the over-all harm or

    the Philippines has the most significant contact with the matter in this

    the totality of the alleged injury to the person, reputation, social

    dispute, raised by private respondent as plaintiff below against

    standing and human rights of complainant, had lodged, according to the

    defendant (herein petitioner), in our view, has been properly

    plaintiff below (herein private respondent). All told, it is not without

    established.

    basis to identify the Philippines as the situs of the alleged tort.

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