Gullas Law School
COURSE OUTLINE
CONFLICT OF LAWS
Atty. Chevrolie E. Maglasang-Isoto
Course Description:
This course dwells into the study of Conflict of Laws, otherwise known as Private International Law,
as thus found in the New Civil Code of the Philippines, Family Code of the Philippines, Revised Penal
Code, and the Revised Rules of Court, including judicial decisions interpreting them.
Course Credit: Two (2) units
Course Objectives:
At the end of the semester, the students are expected to:
1.) Identify when a Conflict of Laws problem arises;
2.) Learn how to resolve a Conflict of Laws problem, or otherwise harmonize the laws of several states
whenever a Conflict of Laws situation exists;
3.) Know the different Conflicts Rules on various subjects, such as personal law, contracts, wills and
succession, property, marriage, dissolution of marriage, torts and crimes, corporation and
partnership, and recognition and enforcement of foreign judgment; and
4.) Familiarize and comprehend the landmark cases of the Supreme Court including relevant recent
jurisprudence interpreting and applying the different Conflicts Rules.
Course Content:
I. Introduction and General Principles
A. Conflict of laws, defined; its object, function and scope
B. Distinguish from Public International Law
C. Importance of Private International Law
D. Sources of Private International Law
II. Jurisdiction and Choice of Law
A. Judicial jurisdiction; types
B. Three (3) ways/methods of disposing Conflict of Law cases
C. Analysis of the three (3) ways/methods of disposing Conflict of Law cases
i. Dismissing the case; Principle of forum non conveniens
❖ MANILA HOTEL V. NLRC, G.R. NO. 120077, OCT. 13, 2000
❖ SAUDI ARABIAN AIRLINES V. REBESENCIO, G.R. NO. 198587, JAN. 14, 2015
❖ HASEGAWA V. KITAMURA, G.R. NO. 149177, NOV. 23, 2007
ii. Application of internal and domestic law
(1) where application of internal law is decreed
(2) where there is failure to plead and prove foreign law
(3) where the case involves any of the exceptions to the application of foreign law
❖ CADALIN V. POEA ADMINISTRATOR, G.R. NO. L-104776, DEC. 5, 1994
❖ BANK OF AMERICA V. AMERICAN REALTY CORP., G.R. NO. 133876, DEC. 29,
1999
❖ DEL SOCORRO V. VAN WILSEM, G.R. NO. 193707, DEC. 10, 2014
iii. Application of foreign law and the various Choice-of-Law theories that justify the application of
foreign law
D. Proof and authentication of foreign laws and documents
E. Doctrine of Processual Presumption
❖ EDI-STAFF BUILDERS INTERNATION V. NLRC, G.R. NO. 145587, OCT. 26, 2007
❖ MANUFACTURERS HANOVER TRUST CO. V. GUERRERO, G.R. NO. 136804,
FEB. 19, 2003
❖ ASIAVEST LIMITED V. CA & HERAS, G.R. NO. 128803 SEPT. 25, 1998
F. The problem of characterization
❖ SAUDI ARABIA AIRLINES V. CA, G.R. No. 122191, OCT. 8, 1998
❖ GIBBS V. GOVERNMENT OF PHILIPPINE ISLANDS, G.R. NO. L-35694, DEC. 23,
1933
1
G. The problem of the Renvoi
❖ AZNAR V. GARCIA, G.R. NO. L-16749, JAN. 31, 1963
❖ BELLIS V. BELLIS, G.R. NO. L-23678, JUNE 6, 1967
i. Ways of dealing with the problem
ii. Reasons for and against the Renvoi
iii. Usefulness of Renvoi
III. Conflicts Rules on Personal Law
A. Theories in determining one’s personal law
B. Citizenship and domicile
❖ POE-LLAMANZARES V. COMELEC, G.R. NOS. 221697-221700, MAR. 8, 2016
❖ SAN LUIS V. SAN LUIS, G.R. NO. 134029, FEB. 6, 2007
C. Dual citizenship
D. Statelessness
E. Personal status and capacity
IV. Conflicts Rules on Marriage
A. Marriage as a contract
B. Marriage as a status
C. Philippine law on Extrinsic validity of marriage
D. Philippine law on Intrinsic validity of marriage
E. Effects of marriage
i. Personal relations between spouses
ii. Property relations of spouses
F. Adoption
V. Conflicts Rules on Dissolution of Marriage
A. Divorce, legal separation, annulment of marriage, and declaration of nullity of marriage;
distinguished
B. Divorce
i. Law governing divorce
ii. Divorce between foreign spouses
iii. Divorce obtained by foreign spouse
❖ REPUBLIC V. ORBECIDO, G.R. NO. 154380, OCT. 5, 2005
❖ CORPUZ V. STO. TOMAS, G.R. NO. 186571, AUG. 11, 2010
iv. Divorce by Filipino spouses
❖ REPUBLIC V. MANALO, G.R. NO. 221029, APR. 24, 2018
C. Legal separation – Jurisdiction, Governing Law, Grounds
D. Annulment of marriage – Nature, Jurisdiction, Governing Law, Grounds
E. Declaration of nullity of marriage – Nature, Jurisdiction, Governing Law, Grounds
VI. Conflicts Rules on Wills and Succession
A. Extrinsic validity of wills
B. Probate of wills
C. Intrinsic validity of wills
❖ MICIANO V. BRIMO, G.R. NO. L-22595, NOV. 1, 1927
❖ BOHANAN V. BOHANAN, G.R. NO. L-12105, JAN. 30, 1960
D. Revocation of wills
E. Administration of estates
VII. Conflicts Rules on Contracts
A. Extrinsic validity of contracts
i. Philippine conflict rule on extrinsic validity of contracts
B. Capacity of parties
i. Philippine conflict rule on capacity to contract
C. Intrinsic validity of contracts
i. Lex loci contractus
(1) Lex loci voluntatis
(2) Lex loci intentionis
ii. Philippine conflict rule on intrinsic validity of contracts
❖ PHIL. GUARANTEE V. VP EUSEBIO, G.R. NO. 140047, JUL. 13, 2004
D. Choice of law by the parties in a contract; exceptions
VIII. Conflicts Rules on Property
A. The Philippine Civil Code and the lex situs rule
❖ LAUREL V. GARCIA, G.R. NO. 92013, JUL. 25, 1990
❖ REPUBLIC V. SANDIGANBAYAN, G.R. NO. 108292, SEPT. 10, 1993
B. Exceptions to the lex situs rule
C. Conflict of laws on real property situated in another country
D. Extrinsic and intrinsic validity of conveyances
❖ REPUBLIC V. SANDIGANBAYAN & BENEDICTO, G.R. NO. 108368, SEPT. 10,
1993
E. Capacity to transfer or acquire property
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F. Situs of certain properties
i. Situs of personal property for taxation purposes
ii. Situs of money
iii. Situs of corporate shares of stocks
G. Distinguished from Property relations of spouses
❖ ORION SAVINGS BANK V. SUZUKI, G.R. NO. 205487, NOV. 12, 2014
IX. Conflicts Rules on Torts and Crimes
A. Torts, defined
B. Concept of tort in the Philippines
C. Laws governing torts
D. Lex loci delicti commissi
E. Three (3) theories in determining the locus delicti
❖ SAUDI ARABIA AIRLINES V. CA, G.R. NO. 122191, OCT. 8, 1998
❖ LWV CONSTRUCTION V. DUPO, G.R. NO. 172342, July 13, 2009
❖ EASTERN SHIPPING LINES V. IAC, G.R. NO. L-69044, May 29, 1987
F. Modern theories and rules on tort liability
G. Conflicts rules on maritime torts
H. Foreign tort claims; conditions for enforcement of tort claims
I. Philippine rule on foreign torts
J. Distinguish tort from crime
K. Lex loci delicti
L. Different theories that determine whether a state or legal system has jurisdiction to take
cognizance of criminal cases
M. Philippine conflict rule on crime
❖ PEOPLE V. TULIN, G.R. NO. 111709, AUG. 30, 2001
❖ U.S. V. NH BULL, G.R. NO. L-5270, JAN. 15, 1910
❖ PEOPLE V. WONG CHENG, G.R. NO. L-18924, OCT. 19, 1922
X. Conflicts Rules on Corporation and Partnership
A. Corporation
i. Personal law of corporation
ii. Domicile or residence of foreign corporation
iii. Jurisdiction over foreign corporation
❖ LINGNER & FISHER V. IAC, G.R. NO. L-63557, OCT. 28, 1983
iv. Philippine law on foreign corporation
v. Right of foreign corporation to bring suit
vi. Exceptions to the license requirement
❖ TUNA PROCESSING V. PHILIPPINE KINGFORD, G.R. NO. 185582, FEB. 29, 2012
vii. Definition and scope of “transacting business”
B. Partnership
i. Personal law of partnership
ii. Domicile of partnership
XI. Recognition and Enforcement of Foreign Judgment
A. Distinction between Recognition and Enforcement of Foreign Judgment
B. Bases of Recognition and Enforcement of Foreign Judgment
C. Philippine Conflicts Rule on Recognition and Enforcement of Foreign Judgment
D. Recognition and Enforcement of Foreign Judgment: Requisites and Defenses
❖ NORTHWEST ORIENT AIRLINES V. C.A. & SHARP, G.R. NO. 112573, FEB. 9,
1995
❖ BOUDARD V. TAIT, G.R. NO. L-45193, APR. 5, 1939
E. Value and Conclusiveness of Foreign Judgment
F. Jurisdiction over Action for Enforcement of Foreign Judgment
❖ MIJARES V. RANEDA, G.R. NO. 139325, APR. 12, 2005
G. Procedure for Enforcement of Foreign Judgment
❖ OIL NATURAL GAS COMMISSION V. PACIFIC CEMENT, G.R. NO. 114323, JUL.
23, 1998
❖ ASIAVEST MERCHANT BANKERS (M) BERHAD V. CA & PNCC, G.R. NO. 110263,
JUL. 20, 2001
❖ FUJIKI V. MARINAY, G.R. NO. 196049, JUN. 26, 2013
References:
• Conflict of Laws, latest edition, by: Galahad R.A. Pe Benito
• Handbook on Conflict of Laws, latest edition, by: Alicia V. Sempio-Diy
• Conflict of Laws (Private International Law), latest edition, by: Ruben E. Agpalo
• Philippine Conflict of Laws, latest edition, by: Edgardo Paras
//CEMI2020//
