UNIVERSITY OF SAN JOSE RECOLETOS
School of Law
School Year 2017-2018
1st Semester
COURSE SYLLABUS
Course Title: CONFLICT OF LAWS
No. of units: 2 units
Instructor:
Atty. Julius Christian Reyes
I. COURSE DESCRIPTION:
The study of Conflict of Laws have become relevant due to the growing inter-dependence of
many states in business and commercial activities. Most of these business transactions
involve people from different states that cut across territorial lines and call for the
application of different municipal laws. This course will study on legal transactions
involving foreign elements with emphasis on the choice of law, including problems on
Jurisdiction, Recognition and Enforcement of Foreign Judgments. This course will deeply
study on Philippine Internal Laws that governs conflict of law situations, such as,
Citizenship and Domicile, Nationality and Domicile of Corporations, Contracts, Wills and
Succession, Property, Torts and Damages, Divorce, Declaration of Nullity of Marriage,
Annulment, Trademarks, Patents and Copyrights and Judicial Jurisdiction, Forum
Convenience, Venue and Summons.
At the end of the course, the students are expected to learn the different rules on conflict of
laws and the students are expected to have acquired gainful insights and understanding on
the subject. The students are expected to interpret properly the legal provisions of the law
and apply the said learnings in answering bar questions and other legal problems.
II. TEACHING METHODOLOGY
Lecture-recitation
Case Analysis
Practical Class Analysis
III. INSTRUCTION
The students are instructed to read the chapter/s assigned on a particular week/session.
During the class, the professor will conduct lecture and recitation. The students are
expected to have read and have grasped through on the topic/subtopics assigned thereto.
Case analysis will be made simultaneously based on the assigned Supreme Court decided
cases.
IV. COURSE OUTLINE
WEEK/SESSION TOPICS/SUBTOPICS
Preliminary Period A. Definition: Conflict of Laws
Peculiar Terms to Conflict of
P Week 1 Laws
Chapters I and II B. Application of Conflict of Laws in the
Philippines
Introduction to Conflict of Laws C. Foreign Element
And Choice of Law Saudi Arabian Airlines vs. Court
of Appeals 297 SCRA 469 (1998)
D. Ways of Dealing with Conflict of Laws
Cases:
Jurisdiction
Choice of Law
Enforcement of Judgment
Cases:
Phases in Conflicts Resolution
Hasegawa vs. Kitamura, G.R. No.
149177, November 23, 2007
Raytheon International, Inc. vs.
Rouzie, Jr. G.R. No. 162894,
February 26, 2008
HSBC vs. Sherman 176 SCRA 331
P. Weeks 2-3 A. Characterization and Points of Contracts
Saudi Arabian Airlines vs. Court of
Continuation of Chapter II Appeals 297 SCRA 469 (1998)
Choice of Law B. Choice of Applicable Law
Cases:
Aznar vs. Garcia, January 31, 1963
Bellis vs. Bellis, June 6, 1967
Cadalin et. Al. vs. POEA
Administrator, December, 5, 1994
Bank of America NT & Asia vs.
American Realty Corp., December
29, 1999, 321 SCRA 659
Dacasin vs. Dacasin, February 5,
2010
Hasegawa vs. Kitamura, G.R. No.
149177, November 23, 2007
Zapanta vs. Local Civil Registrar of
Davao 237 SCRA 25
Norma A. Del Socorro vs. Ernest
Johan Van Wilsen, December 10,
2014
B. Agreement of the Parties
Cadalin vs. POEA 238 SCRA 721
Hongkong and Shanghai Banking
Corp. vs. Sherman 176 SCRA 331
C. Substance vs. Procedural Principle
D. Center of Gravity Doctrine
E. Renvoi
Aznar vs. Garcia,
F. Lex Fori
G. Applicability of Philippine Law and its
Exceptions
Bank of America vs. American Realty
Corp. 321 SCRA 659
Norma A. Del Socorro vs. Ernest
Johan Van Wilsen, December 10,
2014
H. Proof and Authentication of Foreign Law
Wildvalley Shipping vs. CA, October
6, 2000
Manufacturers Hanover Trust Co. vs.
Guerrero, February 19, 2003
Edi-staff Builders International vs.
NLRC, October 26, 2007
Exceptions: Norse Management Co.
vs. National Seamen Board,
September 30, 1982
P Week 4 A. The Nationality Principle
B. Citizenship and Modes of Acquisition
Chapter III Bengzon III vs. HRET, May 7, 2001
Citizenship and Domicle Poe-Llamanzares vs. COMELEC,
March 8, 2016
Djumantan vs. Domingo
C. Election of Citizenship
D. Dual Citizenship
E. Loss and Reacquisition of Filipino
Citizenship
Mercado vs. Manzano, 307 SCRA 630
Valles vs. COMELEC 337 SCRA 543
Yu vs. Defensor-Santiago, 169 SCRA
363
Board of Immigration Commissioner
vs. Go, 25 SCRA 890
F. Eligibility for Elective Office
Ugdoracion, Jr. vs. COMELEC
Tecson vs. COMELEC, March 3, 2004
G. RA 9225: Citizenship Retention and Re-
acquisition Act
Jacot vs. Dal, November 27, 2008
Sobejana-Condon vs. COMELEC,
August 10, 2012
Maquiling vs. COMELEC, April 16,
2013
Arnado vs. COMELEC, August 18,
2015
Reacquisition vs. Retention: David
vs. Agbay, March 18, 2015
H. Practice of Profession
In re: Petition to re-acquire the
privilege to practice law in the
Philippines, July 24, 2012
DOMICILE
I. Lex Domicilii Rule
J. Kinds of Domicile
K. Rules on Domicile and Residence
Romualdez-Marcos vs. COMELEC,
248 SCRA 300
Jalosjos vs. COMELEC, April 24, 2012
Caballero vs. COMELEC, September
22, 2015
Caasi vs. CA, November 8, 1990
Coquilla vs. COMELEC, July 31, 2002
L. RA 9189, as amended by RA 10590 “ An
act providing for a System of Overseas
Absentee Voting by Qualified Citizens of
the Philippines Abroad.
M. Venue in Estate Proceedings
Jao vs. CA, May 29, 2002
San Luis vs. San Luis, February 6,
2007
PRELIM EXAM
Midterm Contract
A. Law on Contract
M Week 5 B. Choice of Law by the Parties in a
CHAPTER V Contract
Korean Technologies Co., Ltd. Vs.
Lerma, G.R. No. 143581, January 7,
2008.
Bagong Filipinas Overseas Corp. vs.
NLRC 135 SCRA 278
Pakistan International Airlines vs.
Ople 190 SCRA 90 (1990)
United Airlines, Inc. vs. Court of
Appeals, G.R. No. 124110, April 20,
2001.
C. Exceptions to law chosen by the Parties
D. Decapage
Buchanan vs. Doe, 431 S.E. 2d 289
E. No Agreement as to Choice of Law
F. Lex Loci Contractus or Place of
Performance
Triple Eight Integrated Services vs.
NLRC, 299 SCRA 469
Hasegawa vs. Kitamura, Novemer
23, 2007
G. Warsaw Convention
Santos III vs. Northwest Orient
Airlines 210 SCRA 256
United Airlines vs. Uy 318 SCRA 576
M Week 6 Wills and Succession
A. Extrinsic and Intrinsic Validity of Wills
CHAPTER VI Vda. De Perez vs. Tolete, 232 SCRA
722
Miciano vs. Brimo, 50 PHIL 867
B. Probate of Wills
C. Law on Successional Rights
M Week 7 Property
A. Law of the Country where the Property
CHAPTER VII is Situated ( Lex Loci or Lex Loci Rei
Sitae)
B. Conflict of Laws in Real Property
situated in another country
Laurel vs. Garcia 187 SCRA 797
The Holy See vs. Rosario
C. Personal Property
Tayag vs. Benguet Consolidated,
November 29, 1968
D. Philippine Law on Ownership of Real
Property
Sec. 7, Article XII, 1987 Constitution
Ramirez vs. Vda. de Ramirez, 111
SCRA 704
Matthews vs. Taylor, June 22, 2009
Cheesman vs. IAC, 193 SCRA 93
Llantino vs. Co Liong Chong, 188
SCRA 592
E. Property Rights of Foreigners Living in
with Filipino Citizens
Elena Buenaventura Muller vs.
Helmut Muller, G.R. No. 149615,
August 2006
Borromeo vs. Descallar, February 24,
2009
MIDTERM EXAM
M Weeks 8-9 A. Law Governing Torts
CHAPTER VII Saudi Arabian Airlines vs. Court of
Appeals, 297 SCRA 469
TORTS AND DAMAGES a. Lex loci comisii
Wildvalley Shipping Co., vs. CA
342 SCRA 213
b. State of the Most Significant Contract
Rule
Saudi Arabian Airlines vs. CA,
supra
c. Agreement of the Parties as to
Applicable Law
Norse Management Co. vs. NSB,
117 SCRA 487
Suzara vs. Benipayo 176 SCRA
465
B. Overseas Employment of Filipino
Workers
A. The Kilberg Doctrine
Eastern Shipping Lines vs. POEA,
170 SCRA 54
B. Carriage of Good By Sea Act
Mitsui O.S.K. Lines vs. CA, 287
SCRA 366
C. Law of Country of Registry of Vessel
People vs. Wong Cheng, 46
PHIL. 729
National Dev. Co. vs. CA 164
SCRA 593
D. Limited Liability Clause
Everett Steamship Corp. vs. CA
297 SCRA 593
E. Lex Loci Delicti vs. Most Significant
Relationship
Babcock vs. Jackson, 12 N.Y. 2d
473, 1963
M Week 10 A. Foreign Marriages of Filipino
B. Foreign Divorces obtained by Filipinos
Chapter IX and XI abroad
C. Foreign Divorces obtained by foreigners
Marriage, Divorce Declaration of Nullity of married to Filipinos
Marriage, Annulment of Voidable Marriage Van Dorn vs. Romillo, 139 SCRA 159
and Legal Separation Pilapil vs. Ibay-Somera, 174 SCRA
653
D. Foreign Divorces obtained by Filipinos
who had been naturalized in other
countries and who had divorced their
Filipino wives thereafter.
Republic vs. Iyoy, September 21,
2005
Llorente vs. CA and Llorente
November 23, 2000
Republic vs. Orbecido, October 5,
2005
Roehr vs. Rodgriguez, June 20, 2003
Corpuz vs.Tirol-Sto. Tomas, August
11, 2010.
Fujiki vs. Marinay, June 26, 2013
Week 11 A.
Rights of Foreign Nationals
B.
Legal Remedies of Foreign Nationals
CHAPTER XII C.
Infringement of Trademarks
TRADEMARKS, PATENTS AND COPYRIGHTS D.
Infringement of Trade Name
E.
Unfair Competition
F.
Well-Known Trademarks
Fredco Manufacturing vs. Harvard
University, G.R. No. 185917, June 1,
2011
G. Patents
H. Copyrights
Week 12 Jurisdiction, Recognition and Enforcement
of Foreign Judgment
Judicial Jurisdiction, Forum Non A. Jurisdiction
Convenience, Venue, Summons a. Actions in personam or in rem
Bancodo Brasil vs. Court of
Appeals, G.R. No. 121576, June
16, 2000
b. Forum Non Conveniens
Bank of America NT and SA vs.
Court of Appeals, G.R. No.
120135, March 31, 2003.
Pioneer Concrete Philippines,
Inc. vs. Todaro, G.R. No. 154830,
June 08, 2007.
B. Foreign Judgment and Res Judicata
Perkins vs. Benguet
Consolidated Mining 93 Phil.
1034
Perkins vs. Roxas 72 Phil. 514
C. Effect of Foreign Judgment and
Requirements
Mijares vs. Ranada, G.R. No.
139235, April 12, 2005
Oil and Natural Gas
Commission vs. CA, G.R. No.
114323, July 23, 1998
Philsec Investment vs. Court of
Appeals, G.R. No. 103493, June
19, 1997.
D. Repelling a Foreign Judgment
F Week 13 A. Law of the Case
Marcos Jr. vs. Rep. of the Philippines,
International Legal Signification of 671 SCRA 280
Doctrines as Applied1 B. Lex Fori
Northwest Airlines, Inc. vs. CA, 241
SCRA 192
C. Forum Shopping
D. Sui Generis
E. International Law, part of the National
Laws
Week 14 A. Extradition
Wright vs. CA 235 SCRA 341
Inter-Country Relations and Specialized Government of the US vs. Purganan,
Agencies Sept. 24, 2002
Secretary of Justice vs. Lantion, 343
SCRA 377
B. Immunity from Suit
C. Immunity of Specialized Agencies and
their Officials
International Catholic Migration
Commission vs. Calleja, 190 SCRA
130
FINAL EXAM
III. REFERENCES AND MATERIALS
Agpalo, Ruben E. Conflict of Laws (Private International Law). Manila, Philippines
Rex Bookstore, 2004 ed.
Benito, Galahad R.A. Conflict of Laws. Manila, Philippines, Rex Bookstore, 2016.
Aguilar, Narciso M. Conflict of Laws. Quezon City, Philippines, Central Bookstore,
2013 ed.
Please note that the professor reserves the right to amend and provide additional
cases and other reading materials.
IV. CRITERIA FOR GRADING
Students will be assessed by series of examinations and class activities, which are divided
into two (2) components, to wit: Major Examinations and Class Standing Activities. Major
Examinations include Prelim, Midterm and Final Examinations. Class standing activities
include the following: quizzes, graded recitation, attendance and case digest. Grade is
computed as follows:
Major Examination (70%)
Activity Row Score (sample only) Equivalent Grade
1Aguilar, Narciso M. Conflict of Laws, 2013 ed. Central Bookstore, Quezon City,
Philippines. 2013.
Prelim 100/100 1.0
Midterm 100/100 1.0
Finals 100/100 1.0
Average
Class Standing (30%)
Activity Score Equivalent Remarks
Quizzes 50 Quizzes are divided
into Prelim, Midterm
and Finals
Graded Oral Examination 20
Case Digest 30 10 points per term
Total 100/100 1.0
Computation of the Final Grade:
Final Grade: = Average Equivalent Grade for Major Exam * 70% (A)
= Equivalent Grade for Class Standing * 30% (B)
Final Grade = A + B;
Temporary Midterm Grade is based on the average equivalent grade for Prelim and
Midterm Major Examinations only.
V. COURSE POLICY
University and School of Law policies are fully implemented in the class;
