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Conflicts of Law

I.What law governs the following:a.A contract of loan between 2 Filipinos entered into in Australia with a Real Estate Mortgage on a land in the Philippines as security.Philippine law> the NCC provides that real property is subject to the law of the country whereit is situated

b.Japanese gardener caseGoverned by the proper law of the contract either the lex loci vountatis or lexloci intentionis.>this contract is not governed by the lex situs of the land although the land tobe developed is located in the Philippines. What governs is the proper law of the contract between the parties.As to the extrinsic validity, it is the Lex Loci Celebrationis and as to the capacity of the parties, it is the personal law of the parties.

c.A contract involving the conveyance of a piece of land in Florida, USA by twoFilipinos in Manila.Florida law>extrinsic validity and intrinsic validity of the transaction is governed by lexsitus (florida law)

d.Sale between 2 Filipinos in California of shares of stocks in Meralco where the vendor transferred the certificate of stocks to the buyer at the time of the sale.

2 points> clarify ko lang kasi 1st sabi sa book it is either the place where the corporation is incorporated or;> The proper law of the contract either lex loci voluntatis or lex loci intentionis. In many cases the place where the certificate is delivered to the buyer.

e.Sale to an American by a Filipino executed in California on an airplane whileflying over Pacific Ocean on its way to Manila.

>Proper law of the contract between the parties either lex loci voluntatis or lex loci intentionis because such sake is effected through a contractual obligation.

f.Sale between 2 merchants in the Philippines of cargoes from Claifornia in an ocean vessel from California to Manila.

>Proper law of the contract between the parties either lex loci voluntatis or lex loci intentionis because such sake is effected through a contractual obligation.

II.1.Distingusigh multinational corporation from foreign corporation (both doing business in the Philippines)

>Multinational corporations are branches of a big, mother corporation in a highly industrialized, highly developed foreign country but doing business in many countries of the world through branches that have been incorporated under the local law of each state where they are doing business. The branches having incorporated in the states where they are established are governed by the internal law ofthe said states, and their personal laws are the local laws of the host states.

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The major decisions in the operation and management are controlled by their mother or parent corporation.The Corporation Code provides that a foreign corporation is one formed, organized or existing under any laws other than those of the Philippines and whose lawsallow Filipino citizens and corporations to do business in its own country or state. The Code also requires foreign corporations to secure a license to do business in the Philippines to enable the courts to exercise jurisdiction over theseforeign corporations or the regulation of their activities in the Philippines.

2.May foreign corporation not doing business in the Philippines sue and be sued?>a foreign corporation not doing business in the Philippines may sue under the following instances:a.Isolated transactions;b.To protect its reputation, corporate name, and goodwill;c.For infringement of trademark or tradename, unfair competition or false description of products, and infringement of patent.However, a foreign corporation not doing business in the Philippines cannot be sued because there is no agent or representative who will receive the summons. Itis only through the service of summons which the court can acquire jurisdictionover the defendant.

4.A Spanish art collector domiciled in the Philippines, with no heirs and no will. Who is entitled to the art collection?

>The Philippines having caduciary rights over the properties of the deceased will be entitled to the art collection.In the Philippines, we adopted the theory that the last heir of a deceased person is the state. Thus, the state succeeds the properties left by said deceased asan heir.

5.Two Filipinos married in England. Can they use sterility as a ground for annulment?

>The answer must be qualified:If sterility is a ground for annulment in England then yes the couple may use such ground to annul their marriage. Since England is the country were they celeb

rated their marriage then lex loci celebrationis or the law of the place were the marriage was celebrated will govern their marriage.

But if sterility is not a ground for annulment in England then No they cannot invoke sterility to annul their marriage.

6.Two Filipinos who are first cousins married in California. Is the marriage valid?

>The marriage is void under article 38(1)FC being against public policy

7.Filipino husband got divorced in Mexico then came back to the Philippines with

his second wife. Can the first wife file a case?

>Yes. She may file a case for bigamy because her husband contracted another marriage while their marriage is still in force since the Philippines does not recognize divorce the marriage between the husband and the first wife is still in force.

8.A Filipino doctor in New York made holographic wills and gave nothing to his illegitimate child. He died.a.Can the will be probated?

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>Yes. The Lex Loci Celebrationis shall govern the holographic will of the deceased.The law provides that a holographic will is one entirely written, dated and signed by the testator himself, it is subject to no other form and may be made in orout of the Philippines, and need not be witnessed. Moreover, the rule also provides that a will probated in a foreign country has to be reprobated in the Philippines in accordance with our procedural law, because a foreign judgment, no matter how intrinsically meritorious, cannot have, as a general rule, automatic extraterritorial effect.b.If probated, can the illegitimate child ask for his legitime?>No. With respect to succession, the rule provides that it is the national law of the deceased which shall governed the extrinsic and intrinsic validity of thewill. New York law, which does not recognize legitimes shall be applicable in the case because it is the national law of the deceased at the time of his death.

9.Do we have jurisdiction over a Chinese sailor found in possession of shabu while docked in Pier 7, Manila?

>Yes.Under the revised penal code the Philippines has jurisdiction over crimes committed in its territory. As stated in people v. wong cheng the court held that smoking opium even though the perpetrator was inside a foreign vessel is a breach ofour public order because if the harmful effects that it produced in our territory. Moreover, the ff are the two theories that have generally been used, and whi

ch the Supreme Court has applied in this cases, in determining the question of jurisdiction.a.English rule which states that the territory where the crime was committed will have jurisdiction except in matters relating to the internal order and discipline of the vessel and those which affect solely the ship and its occupants suchas minor or petty criminal offenses committed by members of the crew.

b.French rule which provides that the State whose flag is flown by the vessel has jurisdiction, except if the crime affects the peace, order, security, and safety of the territory.

10.What is the effect of a final judgment of a District court of California finding a Filipino as owner of an airplane?

>The judgment or final order is conclusive upon the title of the thing. The judgement may however may be repelled by evidence of a want of jurisdiction, want ofnotice to the party, collusion, fraud or clear mistake of law or fact.

11.A drives a car. B was injured while he was with A in Hongkong. A and B are both Filipinos.

a.Can B file an action against A in Manila?

Yes, B may sue A for damages based on a delict or wrong happened in Hongkong because X is here in the Philippines and can be served with summons and provided it

is filed within the period prescribed by Hongkong law, the lex loci delicti commissii since the period of prescription is substantive and not procedural.

The kinds and measures of damages recoverable by B, and the defenses that A mayput up, should also be governed by Hongkong law, which is the lex loci delicti commissii. But all procedural matters like the period for filing the answer, theperiod for appeal should be governed by the lex fori, which is the Philippine law.

b.If B is an American, can he still file a case in Manila?

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The rule of the state of the most significant relationship provides that the rights and obligations of the parties in a case of tort is determined by the locallaw of the state which, with respect to the particular issue, has the most significant relationship to the occurrence and the parties.

Assuming that B is also domiciled in the Philippines, lex loci delicti commissiiis considered to be in the Philippines. This is because all dominant factors are considered to be in the Philippines. As nationality and domicile is in the Philippines and Bs right will be better vindicated.

12.A Muslim businessman and second Filipino wife settles in the Philippines. They begot 3 sons. The couple die in a motor accident. Who inherits?

>Since the Philippines follows the nationality theory the national law of the couple would apply.

13.What is the effect of a final judgment in Hongkong ordering the defendant topay P100,000 to plaintiff?

>The Rules of Court provide that the effect of a judgment or final order of a tribunal of a foreign country against a person is a presumptive evidence of a right as between the parties and their successors in interest by a subsequent title.

The judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.