CONFLICT OF LAWS

ONTORTS AND DAMAGES

TORTIs a wrongful act or legal wrong committed upon the person or property independent of contract.

It may be:1. a direct invasion of some legal right of an individual. 2. infarction of public duty by which special damage accrues to the individual 3. Violation of some private obligation by which like damage accrues to the individual.

DAMAGESA compensation or indemnity which may be recovered in the court by any person who has suffered loss or injury to the person, property, or rights through the unlawful act or omission or negligence of another.

As distinguished from DAMAGE which refers to the loss, injury or deterioration caused by negligence, design or accident of one person to another in respect to the latters person or property.

DAMAGES ARISE FROM THE FOLLOWING:DELICT > wrong, injury, offense or violation of private or public duty.QUASI-DELICT > fault or negligence with no pre-existing contractual relationship between parties.NEGLIGENCE > omission to do something which a reasonable and prudent man would ordinarily do.

LAW PROVISIONS ON DAMAGESARTICLE 100 OF THE RPC

Every person criminally liable for a felony is also civilly liable.

ARTICLE 20 OF THE CIVIL CODE

Every person, who contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

ARTICLE 2176 OF CIVIL CODE

Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict.

ARTICLE 19 OF THE CIVIL CODE

Every person must, in the exercise of his rights and the performance of his duties, act with justice, give everyone his due and observe honesty and good faith.

FOR THE ABUSE OF A RIGHT BE ACTIONABLE, THE FOLLOWING ELEMENTS MUST BE PRESENT:

There must be a legal right or dutyThe right is exercised in bad faithIt is for the sole intent of prejudicing or injuring another.

LIABILITY IN FOREIGN TORTS ENFORCEABLE IN THE PHILIPPINES WHEN:

The tort is not penal in nature.If the enforcement of the tortuous liability is not in contravention to public policy.If our judicial machinery is adequate for such enforcement.

LAWS GOVERNING TORTSPRINCIPLE OF LEX LOCI DELICTIthe law of the place where the wrong doing takes place determines the liabilities or whether a person sustained a legal injury.

the general principle of law applied in torts.

to maintain an action of tort, it is vital that the cause of action is actionable by the place where it is done.

GENERAL PRINCIPLES:As between the place where the injury is afflicted and the place where the resulting death occurred, the general rule is consistent that the law of the place where the injury was afflicted governs.

Some courts however departs from this general principle of law on torts by adopting the CENTER OF GRAVITY THEORY or GROUPING OF CONTACTS. (thus abandons the lex loci delicti rule as a general principle of law in torts)

LEX LOCI COMMISSII

The law of the place where the injury or wrong took place.the traditional governing rule where 2 states are involved where the damage or injury occurred in one country and the action is filed in another country.Example: WildValley Shipping Co. vs CA.

Wildvalley Shipping Co. vs CA.

Facts:

A Philippine owned vessel, The President Roxas, was in Puerto Ordaza in Venezuela. As it leaves the port, a Venezuelan pilot who has better experience and knowledge of the river was designated by the port authority to navigate the vessel after the vessels own captain admitted to have limited knowledge of the river. The vessel ran aground thereby obstructing the ingress and egress of vessels. As a result of the blockage, Wildvalley Shipping was unable to sail out of the port. Claiming for damage as a result, it filed an action for damages against the President Roxas in the RTC of Mla. The RTC found Pres. Roxas liable but the decision was reversed by the CA and absolved the defendant from liability.

Issue: Whether or not Venezuelan law or Philippine law should be applied to the case.

Held: The Venezuelan law requires extraordinary diligence on the navigation of vessels by its captain while Philippine law requires only ordinary diligence of a good father of a family. The defendant was able to prove that it exercised the degree of diligence as required by the Philippine law. Had the plaintiff was able to properly pleaded the foreign law of Venezuela, the defendant would have been guilty for damages. However, under the rules of private international law, a foreign law must be properly pleaded and proved as a fact. Otherwise, the foreign law of another state will be presumed to be the same as our domestic law applying the DOCTRINE OF PROCESSUAL PRESUMPTION.

The plaintiff merely presented a xerox copy of the Venezuelan law certified by the Asst. Harbor Master and Chief of Pilots of Puerto Ordaza which is not the proper pleading of a foreign law as contemplated by the rules of private international law.

STATE OF THE MOST SIGNIFICANT RELATIONSHIP RULEa.k.a. center of gravity doctrine or the grouping of contacts rule.

applicable where the acts constituting the cause of action occurred in 2 or more states which ripens into a cause of action in another state.

GENERAL RULEthe rights and liabilities of the parties with respect to the issue of tort are determined by the local law of the state which has the most significant relationship to the occurrence and the parties.

CONTACTS CONSIDERED:The place where the injury occurredThe place where the conduct causing the injury occurredThe domicile, residence, nationality, place of incorporation and place of business of the partiesThe place where the relationship, if any, between parties is centered.

Saudi Arabian Airlines vs CA- involves action for damages involving foreign elements wherethe doctrine of the state of the most significant relationship was applied. Facts:Plaintiff Morada is a Filipino flight attendant of SAUDIA. While on a lay-over in Jakarta she went to a disco with fellow attendants Thamer and Allah who are both Saudi nationals. She filed an attempted rape against Thamer with Allah as an accomplice. When SAUDIA legal officer negotiated for their release, plaintiff refused to cooperate. Through the intercession of the Saudi govt. the two accused were released after two weeks of detention. She was then requested by her superior to meet with the legal officer of Saudia in Jeddah. She was brought to the police where they took her passport and questioned her about the Jakarta incident. She was pressured to drop the case against the accused and not until she agreed that her passport was returned to her. One and a half year later in Manila, she was ordered to take a flight to Jeddah to meet with the same legal officer of Saudia and was brought before a Saudia court to sign papers in Arabic allegedly necessary to close the case. It turns out she signed a notice to appear before a court.

She was later summoned to report to Jeddah once again and she did so after the assurance of Saudias Manila manager that it is just a routine investigation that will cause no harm to her. She was interrogated in the Saudia court and was not allowed to go back to Manila and took her passport. The following month she was then brought to same court where to her astonishment a decision was rendered against her for being guilty of adultery, violating the Islamic law for going to a disco and socializing with the male crew in contravention to Islamic tradition. She was sentenced to 5 months imprisonment and 286 lashes. SAUDIA refused to give her assistance. The Prince of Makkah dismissed the case because she was wrongfully convicted and shortly before her return to Manila she was terminated from services by SAUDIA.

Plaintiff filed an action for damages before the RTC of Quezon City. Defendant SAUDIA contends the court has no jurisdiction and the law of Saudi Arabia should apply since the claims of the plaintiff arose there which involves foreign elements. Plaintiff asserts her claim is based on damages under Art. 19 of the Civil Code where a domestic law is applicable.

Issue: Whether or not foreign elements are involved

Held: The foreign element consisted in the fact that the plaintiff is Philippine national and SAUDIA is a resident foreign corporation (registered to do business in the Phils.). Events also transpired during her many occasions of travel across national borders from Manila, Jeddah and Saudi Arabia, causing conflicts of situations to arise.

The court finds no necessary difficulties to SAUDIA if Phil. Court takes cognizance of the case because plaintiff no longer maintains substantial connection in Saudi Arabia and to refuse to hear the case would cause fundamental unfairness to her. Applying the doctrine on the state of the most significant relationship there is basis to claim that the over-all injury occurred in the Phils. The relationship between the plaintiff and respondent is centered in the Philippines where the complainant is a resident of the Philippines and the wrongdoer is doing business in the country. Thus, the acts complained is actionable in the Philippines even if all acts constituting the tort took place in Saudi Arabia.

AGREEMENT OF PARTIES AS TO APPLICABLE LAWGeneral Rule:Parties may stipulate on what law will govern in case of disputeEXCEPTION: - When the stipulation is against public policy.

Other Principles Applied in TortLex Loci Actus law of the place where the act was done.

Lex Loci Delicti Commissii the law of the place where the injury occurs.

Lex Loci Solutionis - the law of the place of performance.

KILBERG DOCTRINE the law of the forum is not bound by the limitation on damages for the wrongful act by the law of the place where the injury occurred bec. it is procedural and the law of the forum governs the issue.

DAMAGE ARISING FROM CARRIAGE OF GOODS BY THE SEACARRIAGE OF GOODS BY SEA ACT

resolves the conflict of law arising from contract for shipment of goods where in the contract of carriage of goods the goods are transferred from one port to another before reaching its final destination and in the course of travel the delivery of goods may be delayed or collusion of vessels in foreign ports may result to damage of the goods.

If an action for damages is brought before the Philippine court, the court will simply adopt the Carriage of Goods by Sea Act and apply it in the case in issue.

LAW OF THE FLAGThe Philippine adheres to the rule that Philippine ship or airship is an extension of the territorial jurisdiction of the country.

ARTICLE 2 OF THE RPC

except as provided in the treaties and laws of preferential application, the provision of this Code shall be enforced against those who should commit an offense on a Philippine ship or airship.

Foreign vessels entering Philippine ports or waters are beyond the jurisdiction of Philippine courts in matters concerning discipline and all things in the foreign ship affecting only the vessel and those belonging to her.

By entering the Philippine port or waters, foreign vessel subjects herself to the jurisdiction of the Philippines in matters involving the peace and tranquility of the country such as the commission of a crime or of tortuous acts causing injuries.

FRENCH RULE

Crimes committed aboard a foreign merchant vessel should not be prosecuted in the court of the country within whose territorial jurisdiction they were committed unless their commission affects the peace and security of the territory.

ENGLISH RULE (applied in the Philippines)

Crimes committed aboard a foreign merchant vessel are triable to the court of the country within whose territory they were committed.

Application of the Rule:

Example

Mere possession of opium aboard a foreign vessel is not triable by a foreign vessel in transit because no crime is committed because mere possession of opium does not bring the effects that the Opium Law contemplates to avoid.

But smoking of opium within the Philippine territory although aboard the foreign vessel constitutes a breach of public order in contemplation of the pernicious effects of the drugs that the Opium law contemplates to prevent.

Application of the Law of Flag on Maritime Mattersthe law of the state of the flag the vessel flies governs all maritime matters as to substantive law:-on matters of discipline on board a vessel-to contracts made in a foreign port by the master on behalf of the owner.- employment contract of a seaman with a foreign vessel.

Law of the flag supersedes the lex loci delicti test of tort jurisdiction.

In case of collision of two ships carrying different flagsWhen an American ship and a British steamer collided on the high seas, which law should be applied American law or law of England?

Neither. The Law of the Sea should be applied because it imposes a universal obligation unlike a municipal law which can be taken judicial notice by any court.

Limited Liability Clause In Contract of Carriage or Bill of LadingGeneral Rule:

the stipulation as to the amount of liability for damage to cargo is binding unless the shipper declares a greater amount in their agreement. (article 1749 of the Civil Code).

END OF REPORT