Conflic of Laws Reviewer

7/31/2019 Conflic of Laws Reviewer

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CONFLIC OF LAWS

JURISDICTION/APPLICABLE LAW/ FOREIGN ELEMENT

SAUDI ARABIAN AIRLINES vs. COURT OF APPEALS and

MILAGROS MORADA

[G.R. No. 122191. October 8, 1998]

FACTS

SAUDIA is a foreign corporation doing air-carriage

business in the Philippines. Said corporation hired

Milagros Morada as a Flight Attendant for its airlines

based in Jeddah, Saudi Arabia.

While on a lay-over in Jakarta, a Saudi Arabian crewmembers, Thamer and Allah attempted to rape

Milagros Morada. While she was rescued, the Saudi

Arabian government was successful in deporting back

the perpetrators.

Several years after the chief legal officer of SAUDIA

brought Milagros to Jeddah on the pretense that she

would merely testify in an investigation of the chargesshe made against the two SAUDIA crew members for

the attack on her person. As it turned out, she was the

one made to face trial for very serious charges,

including adultery and violation of Islamic laws and

tradition, where she was convicted for the crime of

adultery.

On appeal,the Prince of Makkah dismissed the caseagainst her and allowed her to leave Saudi Arabia.

Shortly before her return to Manila she was terminated

from the service by SAUDIA without her being informed

said to contain a foreign element. 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, particularlyfrom Manila, Philippines to Jeddah, Saudi Arabia, and

vice versa, that caused a conflicts situation to arise.

Similarly, the trial court also possesses jurisdiction over

the persons of the parties herein. By filing her

Complaint and Amended Complaint with the trial court,

private respondent has voluntary submitted herself to

the jurisdiction of the court. The records show thatpetitioner SAUDIA has filed an answer and several

motions praying for the dismissal of Moradas

Complaint. Undeniably, petitioner SAUDIA has

effectively submitted to the trial courts jurisdiction by

praying for the dismissal of the Amended Complaint on

grounds other than lack of jurisdiction.

AS TO THE APPLICABLE LAW

The doctrine of qualification is the process of deciding

whether or not the facts relate to the kind of question


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from the service by SAUDIA without her being informed whether or not the facts relate to the kind of question

committed. 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 place where a power of attorney is to beexercised;

(6) the intention of the contracting parties as to the law

that should govern their agreement, the lex loci

intentionis;

(7) the place where judicial or administrative

proceedings are instituted or done. The lex fori or thelaw of the forum is particularly important because, as

we have seen earlier, matters of procedure not going to

the substance of the claim involved are governed by it;

and because the lex fori applies whenever the content

of the otherwise applicable foreign law is excluded from

application in a given case for the reason that it falls

under one of the exceptions to the applications of

foreign law; and

(8) the flag of a ship, which in many cases is decisive of

practically all legal relationships of the ship and of its

master or owner as such. It also covers contractual

relationships particularly contracts of affreightment.[60]

(Underscoring ours.)

Considering that the complaint in the court a quo is oneinvolving torts, the connecting factor or point of contact

could be the place or places where the tortious conduct

or lex loci actus occurred The Philippines could be the

(b) the place where the conduct causing the injury

occurred;

(c) the domicile, residence, nationality, place of

incorporation and place of business of the parties, and

(d) the place where the relationship, if any, between the

parties is centered.

Prescinding from this premise that the Philippines is

the situs of the tort complaint of and the place having

the most interest in the problem, we find, by way of

recapitulation, that the Philippine law on tort liability

should have paramount application to and control in

the resolution of the legal issues arising out of this

case. Further, we hold that the respondent RegionalTrial Court has jurisdiction over the parties and the

subject matter of the complaint; the appropriate

venue is in Quezon City, which could properly apply

Philippine law.


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CONFLIC OF LAWS

JURISDICTION/APPLICABLE LAW/ FOREIGN

ELEMENT

SAUDI ARABIAN AIRLINES vs. COURT OF

APPEALS and MILAGROS MORADA

[G.R. No. 122191. October 8, 1998]

FACTS

SAUDIA is a foreign corporation doing air-

carriage business in the Philippines. Said

corporation hired Milagros Morada as a Flight

Attendant for its airlines based in Jeddah, Saudi

Arabia. While on a lay-over in Jakarta, a Saudi

Arabian crew members, Thamer and Allah

attempted to rape Milagros Morada. While shewas rescued, the Saudi Arabian government

was successful in deporting back the

perpetrators.Several years after the chief legal

officer of SAUDIA brought Milagros to Jeddah

on the pretense that she would merely testify in

an investigation of the charges she made

against the two SAUDIA crew members. As it

turned out, she was the one made to face trial

for very serious charges, including adultery and

violation of Islamic laws and tradition, whereshe was convicted for the crime of adultery. On

appeal,the Prince of Makkah dismissed the

case against her and allowed her to leave

Saudi Arabia. Shortly before her return to

Manila she was terminated from the service by

SAUDIA, without her being informed of the

cause.

Thus, Morada filed a Complaint for damages

against SAUDIA citing ART. 19 and 21 of the

Civil Code.

ISSUE

I. WHETHER OR NOT RTC QUEZON CITY

HAS JURISDICTION TO HANDLE THE CASE

II. WHETHER OR NOT PHILIPPINE LAW SHOULD

GOVERN.

HELD

IN THE ISSUE OF JURISDICTION:

A factual situation that cuts across territoriallines and is affected by the diverse laws of two

or more states is said to contain a foreign

element. 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.

Similarly, the trial court also possesses

jurisdiction over the persons of the parties

herein. By filing her Complaint and Amended

Complaint with the trial court, private

respondent has voluntary submitted herself to

the jurisdiction of the court. The records show

that petitioner SAUDIA has filed an answer and

several motions praying for the dismissal of

Moradas Complaint. Undeniably, petitioner

SAUDIA has effectively submitted to the trial

courts jurisdiction by praying for the dismissal

of the Amended Complaint on grounds otherthan lack of jurisdiction.

AS TO THE APPLICABLE LAW

The doctrine of qualification is the process of

deciding whether or not the facts relate to the

kind of question specified in a conflicts rule.

The purpose of characterization is to enable

the forum to select the proper law.

Factors to determine the applicable law.

(1) The 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;


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Characterization process of determining

under what category a certain set of facts of

rules fall to enable the forum to select the

proper law.

Steps in Characterization

1. Determination of the facts involved2. Characterization of the factual question3. Determination of the Conflicts rule4. Characterization of the point of contact5. Characterization of the problem as

procedural or substantive

6. Pleading and proving of the properforeign law

7. Application of the foreign law to theproblem

Totality Approach

1. Get the law intended2. Proceed to apply the intended law in its

totality including its prescriptive period

and its statute of frauds

EXCEPTION: if the subject matter governs

property located in the Phil, then our own

law of prescription must apply.

Theories in Characterization

1. Lex Fori forum considers its ownconcept of characterization

2. Lex Causae forum follows thecharacterization of the foreign state

which is the principal point of contact

3. Universal Analytical Theory Bothfactors of Fori and Causae is taken into

consideration. Characterization comes

after a general comparative analytical

study of the jurisprudence of all the

states involved

4. Dual Theory instead of consideringworldwide conceptions, only two

concepts enter in the picture which is

fori and causae.

5. Autonomous Theory it considers thecharacterization of the country referred

to in the conflicts rule in lex causae.

State A refers to C. in State B as lex

causae and the conflicts rule in State B

refers to State C as the point of contact,it is State C which must be used by A.

6. Totality Theory get the intention andapply it.

Status place of an individual in a society,

consists of personal qualities and relationships.

Capacity part of the status and is the sum of

his rights and obligations

Personal Law law that attaches to an

individual wherever he may go

Theories on Personal Law

1. Nationality theory personal law isgoverned by his nationality

2. Domiciliary the law of the domicile3. Situs Theory (Eclectic Theory) views

the particular place or the situs of an

event where an important element of

the problem occurs.

Nationality membership in the ethnic, social

racial and cultural group

Citizenship membership in the political society

Renvoi literally means referring back, the

problem of renvoi arises when there is doubt as

to whether a reference to a foreign law is:

1. a reference to the internal law of saidforeign law or

2. a reference to the whole of the foreignlaw including conflicts rules.

An English domiciliary of the Philippines dies inManila leaving his English child. Succession a

rights of the estates of the deceased are

governed by his national law. The English

conflicts rules is governed by domiciliary law.

Solution.

1. Reject the renvoi refer to the Englishrules on succession

2. Accepts the renvoi refer to thePhilippine rules on succession. SingleRenvoi or Single Remission.

3. Theory of Desistment Refer to theMutual disclaimer of the jurisdiction

theory. The rule desist on applying the

English Law hence, Phil. Law shall apply.

4. Use the Foreign County Theory thePhil court shall put itself in the position

of the English court, and whatever the


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English court will decide, the Phil. Court

shall likewise do. It may decide on any

of the four solutions. (Baliktad na ang

application i.e. reject apply internal

rule). Double Renvoi that which

occurs when the local court in adopting

the foreign court theory discovers that

the foreign court accepts the renvoi.

Difference of accepting renvoi and desisting

The process is different, in accepting renvoi, we

refer the matter mentally to English Law and

English referred it back to us. In Desisting, we

found English law inadequate because it is

founded on a different basis so we desisted on

applying it.

Transmission the process of applying the law

of a foreign state thru the law of a second

foreign state.

EXAMPLE:

An Italian domiciled in the Philippines dies in

England. The case tried in England, refers to

domiciliary, it will refer to Phil. Rule, but the

Phil. rule refers the matter to the nationalitytheory which is the Italian Rule.

Double Renvoi vs. Transmission

1. Double deals with two countries;transmission three or more countries

2. Double deals with referring back;transmission deals with transmitting.

RULE ON STATUS IN GENERAL

FACTUAL STATUS POINT OF CONTACT

Beginning of Personality National Law

Effects of Emancipation National Law

Age of majority National LawUse of names National Law

Use of titles National Law

Absence National Law

Presumption of Death Lex fori

RULE ON MARRIAGE AS STATUS

FACTUAL POINT OF CONTACT

Personal Right and

Obligation of Husband

and Wife

National Law of H

Change of Personality:

a) both have common

new personalitythe

new one

b)Only one will change

the last common

nationality

c) there was never a

common nationality

natl law of Husband at

the time of marriage

Property Relations National law of H

IMMUTABILITY IN THEMATRIMONIAL PROP

REGIME In governing

the property rights of

H and W, the natl law

of the H shall govern

and subs. change in

the nationality has no

effect

RULE ON MARRIAGE AS A CONTRACT

Celebrated

A

broad

a) Bet. Filslex loci celeb.

b) Bet For. lex celeb PROVIDED that

it is not highly immoral or incestuous

c) Mixed lex celeb PROVIDED that it

is not highly immoral or incestuous

Celebrated

inRP

a) Bet For. natl law PROVIDED that

it is not highly immoral or incestuous

b) Mixed Natl law

Marriage

byProxy

Lex loci Celeb.

a) performed in the Phil. marriage is

void

b) performed abroad

lex loci celeb.

RULE ON ANNULMENT AND NULLITY OF MAR.

FACTUAL STAT. POINT OF CONTACT

Grounds for

annulment and

nullity of

marriage

The law alleged to have

been violated, the law of

the place of the celebration

RULE ON ABSOLUTE DIVORCE.

FACTUAL STAT. POINT OF CONTACTSought in Phil. Lex Fori (not granted)

Sought Abroad a. Bet. Fil natl law (not

valid here though valid

abroad)

b. Bet For. Natl Law

c. Mixed apply a and b


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RULE FOR LEGAL SEPARATION

Grounds

Adultery

Concubinage

Attempt against

the life of the

other

National Law of Parties

Note: if diff nationalities

the grounds given by both

Residence Requirement:

If cause occurred outside of

the Phil. one year residence

in the Phil.

RULE PATERNITY FILIATION, ADOPTION etc.

Paternity

and

Filiations

a. legitimateFs natl law

b. Illegitimate Ms natl law

unless recognized by F

c. determination of whether L

or Ill natl law of father

Doctrine of Immutability of

Status Applies

Adoption

General: Natl law of the F

Note: Adoption by a Fililipino

does not confer Filipino

citizenship on adopted alien.

Guardianship

Overtheperson

a. appointing court

court of domicile of ward

b. powers of guardian

law of the appointing

state

OvertheProp

a. appointing court

court where prop is

found (lex sitae)

b. powers of guardian

law of the appointing

state

Funerals Where the body is buried

RULES ON OBLICON


a. Formal or

extrinsic validity

Lex loci celebrationis

Exc:

1. Alienation and encumb

of prop lex situs

2. Consular contracts law

of RP if made in RP

consulates

b. Capacity of

Contracting

Parties

Natl law, Except.

1. Alienation and encumb

of prop lex situs

c. Intrinsic

Validity

The proper law of the

contract or lex contractus

meaning the lex loci

voluntatis or lex lociintentionis

RULES ON TORTS


a. Liability for

torts

Lex Loci Delicti law of the

place where the delict was

committed exc.when

1. torts not penal in char.

2. enforcement wont

contravene public policy3. if judicial machinery is

adequate for such

enforcement

RULES ON CRIMES


Essential elem.

of the crime

Where the crime is

committed

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