NOTES (Conflict of Laws)

NOTES
(CONFLICT OF LAWS)
I. INTRODUCTION
1. Private International Law (PRIL) - that branch of international law which regulates the comity of
states in giving effect in one to the municipal laws of another relating private persons, or concerns the
rights of persons within the territory and dominion of one state or nation, by reason of acts, private or
public, done within the dominion of another, and which is based on the broad general principle that
one country will respect and give effect to the laws of another so far as can be done consistently with
its own interests.
2. Foreign element - a factual situation that cuts across territorial lines and is thus affected by the
diverse laws of two or more states
3. Comity - the recognition which one state allows within its territory to the legislative, executive, or
judicial acts of another state, having due regard both to international duty and convenience and to the
rights of its own citizens or of other persons who are under the protection of its laws
4. Lex situs - the applicable law regarding the acquisition, transfer and devolution of the title to
property is the law where the property is located
5. Lex fori - the law of the forum, where the case if filed
6. Lex loci actus - the law of the place where the act is done
7. Lex loci celebrationis - the law of the place where the contract is entered into
8. Lex loci contractus - the proper law applicable in deciding the rights and liabilities of the contracting
parties
9. Lex loci delictus - the law of the place where the offense or wrong took place
10. Lex loci domicilii - the law of the place of the domicile of the person
11. Lex loci rei sitae (lex situs) - the law of the place where a thing is situated
12. Kilberg doctrine - a rule to the effect that the forum is not bound by the law of the place of injury or
death as to the limitation on damages for wrongful act because such rule is procedural and hence the
law of the forum governs the issue
13. Center of gravity doctrine (most significant relationship theory; grouping of contacts) - choice
of law problems in conflict of laws are resolved by the application of the law of the jurisdiction which
has the most significant relationship to or contact with event and parties to litigation and the issue
therein
GENERAL RULE: Law of one country has no application and force in another country. Philippine laws
have no extraterritorial effect.
EXCEPTION: Consent: when our laws provide extraterritorial effect to our laws with respect to citizens
and nationals (e.g. extraterritoriality principle of RPC).
**But now in PRIL, foreign laws and foreign judgments may be given force and effect in our country,
because of the growing inter-dependence of states and on basis of the principle of comity. (**Conflict of
laws presupposes two or more conflicting laws, between a local law and a foreign law involving a foreign
element or elements, which requires a determination of which law should apply)
TWO (2) REMEDIES INVOLVED:

1. Enforcement of rights
2. Recognition and enforcement of foreign judgment
Is there a ‘conflicts’ 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
1
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 fact that one of the parties to a contract is an alien or has a foreign domicile, or that a contract
between nationals of one State involves properties situated in another State. In other cases, the foreign
element may assume a complex form.
In the instant case, the foreign element consisted in the fact that private respondent Morada is a resident
Philippine national, and that petitioner SAUDIA is a resident foreign corporation. Also, by virtue of the
employment of Morada with the petitioner SAUDIA as a flight stewardess, events did transpire during
her many occasions of travel across national borders, particularly from Manila, Philippines to Jeddah,
Saudi Arabia, and vice versa, that caused a “conflicts” situation to arise. ( Saudi Arabia Airlines vs. CA,
G.R. No. 122191, Oct. 8, 1998)
THREE (3) WAYS OF SOLVING CONFLICT OF LAWS PROBLEM:

1. Court might refuse to hear the case and dismiss it on ground of lack of jurisdiction or forum non
conveniens
2. Court might decide the case by its own local law
3. Court might decide the case by special rules formulated to address the problem
A. Choice of Law Principles

GENERAL RULE: Foreign laws and judgments have no effect in the Philippines
EXCEPTION: Consent, express (there is a law) or implied (comity)
B. Characterization and Points of Contact Characterization (Doctrine of Qualification)

- process of deciding whether or not the facts relate (refer to the connecting factors) to the kind of
question specified in a conflicts rule; to enable the forum to select the proper law
ELEMENTS OF CHARACTERIZATION:
1.Foreign element 2.Points of contact 3.Proper law applicable
TEST FACTORS / POINTS OF CONTACT / CONNECTING FACTORS
: 1.Nationality of a person, his domicile, his residence, his place of sojourn, or his origin 2.The seat of a
legal or juridical person, such as a corporation 3.The
situs
of a thing, that is, the place where a thing is, or is deemed to be situated. In particular, the
lex situs
is decisive when real rights are involved 4.The place where an act has been done, the
locus actus
, such as the place where a contract has been made, a marriage celebrated, a will signed or a tort
committd. The
lex loci actus
is particularly important in contracts and torts 5.The place where an act is intended to come into effect,
e.g. the place of performance of contractual duties, or the pace where a power of attorney is to be
exercised

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NOTES

TWO (2) REMEDIES INVOLVED:

Is there a ‘conflicts’ case?

THREE (3) WAYS OF SOLVING CONFLICT OF LAWS PROBLEM:

A. Choice of Law Principles

B. Characterization and Points of Contact Characterization (Doctrine of Qualification)

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