Conflict of Laws - For Printing

PINK NOTES: Rinchel’s guide to pass your law subjectsCONFLICTS 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 of the res- place of celebration- place of the act- place of the crime

II. Assumption of the proper forumCases involving COL, forum may:

1. Refuse - apply forum non conviniens, no COL2. Assume- forum may apply the following:

a. local law -- lex forib. Foreign law - lex causaec -- 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 COLDirect sources

Art. 14, 15, 16, 1039, 1183, 1347 at marami paArticle 26 of Family CodeSection 129 of Corporation CodeTreaties - Hague convention, Warsaw, COGSAJurisprudenceInternational CustomGeneral Principles of law

lex loci celebrationisLEx loci actusLEx rei sitae/lex situs


lex loci delictuslex loci contractuslex domicilliprinciple of territorialityKilberg 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. resb. Subject matterc. 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 facts3. The Philippine court has likely to have the power to enforce the decision - MHC vs. NLRC

COURT MAY APPLY 1. Local law - aznar vs. GARcia2. Foreign law - Bellis vs BEllis3. 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 LAWSa. matter involving procedural law - apply law of the forum -based on lex

forib. if foreign law is contrary to public policy of the forumc. If application of foreign law or local law which give rights to the foreigner

would result injustice to our national - salvacion vs BCPd. When court accept the renvoir - aznar vs garciae. when most of the factual situation referes to phil jurisdiction- saudia vs

morada.


JUSTIFICATION OF APPLYING FOREIGN LAWS1. When cause of action arises in foreign land.2. If local law so provides - article 16, Bellis vs Bellis - lex domicilli3. 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 CONFLICT OF LAW LAW OF NATIONS1 Nature Municipal in character International in character2 Persons

involvedDealt with by private individuals; governs individuals in their private transactions which involve a foreign element

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

3 Transactions involved

Private transactions between private individuals

Generally affected by public interest; those in general are of interest only to sovereign states

4 Remedies and Sanctions

Resort to municipal tribunals May be peaceful or forciblePeaceful: includes diplomatic negotiation, tender & exercise of good offices, mediation, inquiry & conciliation, arbitration, judicial settlement by ICJ, reference to regional agenciesForcible: includes severance of diplomatic relations, retorsions, reprisals, embargo, boycott, non-intercourse, 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

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 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. 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 on Status in General

FACTUAL SITUATION POINT OF CONTACT1 Beginning of personality of natural

personNational law of the child (Article 15, CC)

2 Ways & effects of emancipation Same 3 Age of majority Same4 Use of names and surnames Same5 Use of titles of nobility Same6 Absence Same7 Presumptive death & survivorship Lex fori (Article 43, 390, 391, CC;

Rule 131 §5 [jj], Rules of Court)Rules on Marriage as a Contract

FACTUAL SITUATION POINT OF CONTACT

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Between Filipinos 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

Between Foreigners 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)

Mixed Apply 1 (b) to uphold validity of marriage

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RP Between Foreigners National law (Article 21, FC)

PROVIDED the marriage is not highly immoral or universally considered incestuous)

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 POINT OF CONTACT1 Personal rights & obligations

between husband & wife National of husband(Note: Effect of subsequent change of nationality:a. If both will have a new nationality

– the new oneb. If only one will change – the last

common nationalityc. If no common nationality –


nationality of husband at the time of wedding)

2 Property relations bet husband & wife

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)


Rules on Property

FACTUAL SITUATION POINT OF CONTACTREAL PROPERTY Lex rei sitae (Article 16, CC)

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Successional rights 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)

2 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)

3 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


FACTUAL SITUATION POINT OF CONTACTINTANGIBLE PERSONAL PROPERTY (CHOSES IN ACTION)1 Recovery of debts or involuntary

assignment of debts (garnishment)Where debtor may be effectively served with summons (usually the domicile)

2 Voluntary assignment of debts Lex loci voluntatis or lex loci intentionis (proper law of the contract)

OTHER THEORIES:a. National law of the debtor or creditorb. Domicile of the debtor or creditorc. Lex loci celebrationisd. Lex loci solutionis

3 Taxation of debts Domicile of creditor4 Administration of debts Lex situs of assets of the debtor (for

these assets can be held liable for the debts)

5 Negotiability or non-negotiability of an instrument

The right embodied in the instrument (for example, in the case of a Swedish bill of exchange, Swedish law determines its negotiability)

6 Validity of transfer, delivery or negotiation of the instrument

In general, situs of the instrument at the time of transfer, delivery or negotiation

7 Effect on a corporation of the sale of corporate shares

Law of the place incorporation

8 Effect between the parties of the sale of corporate shares

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)

9 Taxation on the dividends of corporate shares

Law of the place of incorporation

10 Taxation on the income from the sale of corporate shares

Law of the place where the sale was consummated

11 Franchises Law of the place that granted them12 Goodwill of the business & taxation

theretoLaw of the place where the business is carried on

13 Patents, copyrights, trademarks, trade names

In the absence of a treaty, they are protected only by the state that granted themNOTE: 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 RulesFACTUAL SITUATION POINT OF CONTACTEXTRINSIC 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 POINT OF CONTACTEXTRINSIC VALIDITY OF JOINT WILLS (MADE IN THE SAME INSTRUMENT)1 Made by Filipinos abroad Lex nationalii (void, even if valid

where made) (Article 819)2 Made by aliens abroad Valid if valid according to lex domicilii

or lex loci celebrationis (Article 819)3 Made by aliens in the RP 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

INTRINSIC VALIDITY OF WILLS Lex nationalii of the deceased – regardless of the LOCATION & NATURE of the property (Article 16 (2))

CAPACITY TO SUCCEED Lex nationalii of the deceased – not of the heir (Article 1039)

REVOCATION OF WILLS

1 If done in the RP Lex loci actus (of the revocation) (Article. 829)

2 If done OUTSIDE the RP

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 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

2 If already probated abroad 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

EXECUTORS AND ADMINISTRATORS

1 Where appointed Place where domiciled at death or incase of non-domiciliary, where assets are found

2 Powers Co-extensive with the qualifying of the appointing court – powers may only be exercised within the territorial jurisdiction of the court concernedNOTE: these rules also apply to principal, domiciliary, or ancillary administrators & receivers even in non-successive cases


Rules on Obligation and Contracts

FACTUAL SITUATION POINT OF CONTACTFORMAL OR EXTRINSIC VALIDITY Lex loci celebrationis (Article 17 {1})

Exceptions

a. Alienation & encumbrance of property

Lex situs (Article 16 [1])

b. Consular contracts Law of the RP (if made in RP consulates)

CAPACITY OF CONTRACTING PARTIES 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

Lex situs (Article 16 {1})

INTRINSIC VALIDITY (INCLUDING INTERPRETATION OF THE INSTRUMENTS, AND AMT. OF DAMAGES FOR BREACH)

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 performanced. Prof Minor’s solution:

i. Perfection – lex loci celebrationisii. Cause or consideration – lex loci considerationsiii. Performance – lex loci solutionis (defect: this theory combines the

defect of the others)

Rules on Torts

FACTUAL SITUATION POINT OF CONTACTLiability & 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

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 characterb. If the enforcement of the tortious

liability won’t contravene our public policy

c. If our judicial machinery is adequate for such enforcement

Rules on Crimes

FACTUAL SITUATION POINT OF CONTACTESSENTIAL 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 committedb. Nationality theory – country which the criminal is citizen or a subjectc. Real theory – any state whose penal code has been violated has jurisdiction,

where the crime was committed inside or outside its territoryd. Protective theory – any state whose national interests may be jeopardized

has jurisdiction so that it may protect itselfe. Cosmopolitan or universality theory – state where the criminal is found or

which has his custody has jurisdictionf. 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, infanticide & parricide

Where the victim was injured (not where the 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

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 representation

Where the object of the crime was received (not where the false representations were made)

6 Conspiracy to commit treason, rebellion, or seditionNOTE: Other conspiracies are NOT penalized by our laws

Where the conspiracy was formed (not where the overt act of treason, rebellion or sedition was committed)

7 Libel Where published or circulated8 Continuing crime Any place where the offense begins,

exists or continues9 Complex crime Any place where any of the essential

elements of the crime took place

Rules on Juridical PersonsFACTUAL SITUATION POINT OF CONTACTCORPORATIONS

Powers and liabilities General rule: the law of the place of incorporationEXCEPTIONS: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 (requisites); kind of stocks, transfer of stocks to bind the corporation, issuance, amount & legality & dividends, powers & duties of members, stockholders and officers

Law of the place of incorporation

Validity of corporate acts & contracts (including ultra vires acts)

Law of the place of incorporation & law of the place of performance (the act or contract must be authorized by BOTH laws)

Right to sue & amenability to court processes & suits against it

Lex fori

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

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 personality of the firm; the capacity to contract; liability of the firm & the partners to 3rd persons

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.)

Creation of branches in the RP; validity & effect of the branches’ commercial transaction; & the jurisdiction of the court

RP law (law of the place where branches were created) (Article 15, Code of Commerce)

Dissolution, winding up, & termination of branches in the RP

RP law (Article 15, Code of 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 INDEPENDENT OF INDIVIDUALS, USUALLY NOT FOR PROFIT)

Personal law of the foundation (place of principal center of 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 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 present1. 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 CASES2. Phil aluminium vs RTC of Pasig - 10-12-00 GRN 1373783. Nagarmull vs binalbagan GRN L-22478, 5-28/784. NW Orient airline vs Ca - GRN 112573, 2-9-955. Perkins vs Dizon6. Boudard vs Tait7. Perkins vs Benguet Consolidated Mining8. Philsec vs Ca9. Inghenoil vs Walter and olsen GRN 22288 1-12-2510.Asiavest vs CA 110263 7-20-01

Documents

Conflict of Laws - For Printing