Conflicts of Law I.What law governs the following: a.

A contract of loan between 2 Filipinos entered into in Australia with a Real E state 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 where it is situated b.Japanese gardener case Governed by the proper law of the contract either the lex loci vountatis or lex loci intentionis. >this contract is not governed by the lex situs of the land although the land to be developed is located in the Philippines. What governs is the proper law of t he contract between the parties. As to the extrinsic validity, it is the Lex Loci Celebrationis and as to the cap acity 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 two Filipinos in Manila. Florida law >extrinsic validity and intrinsic validity of the transaction is governed by lex situs (florida law) d.Sale between 2 Filipinos in California of shares of stocks in Meralco where th e vendor transferred the certificate of stocks to the buyer at the time of the s ale. 2 points > clarify ko lang kasi 1st sabi sa book it is either the place where the corpora tion is incorporated or; > The proper law of the contract either lex loci voluntatis or lex loci intentio nis. 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 while flying over Pacific Ocean on its way to Manila. >Proper law of the contract between the parties either lex loci voluntatis or le x loci intentionis because such sake is effected through a contractual obligatio n. f.Sale between 2 merchants in the Philippines of cargoes from Claifornia in an o cean vessel from California to Manila. >Proper law of the contract between the parties either lex loci voluntatis or le x loci intentionis because such sake is effected through a contractual obligatio n. II. 1.Distingusigh multinational corporation from foreign corporation (both doing bu siness in the Philippines) >Multinational corporations are branches of a big, mother corporation in a highl y industrialized, highly developed foreign country but doing business in many co untries of the world through branches that have been incorporated under the loca l law of each state where they are doing business. The branches having incorpora ted in the states where they are established are governed by the internal law of the said states, and their personal laws are the local laws of the host states.

The major decisions in the operation and management are controlled by their mot her or parent corporation. The Corporation Code provides that a foreign corporation is one formed, organize d or existing under any laws other than those of the Philippines and whose laws allow Filipino citizens and corporations to do business in its own country or st ate. The Code also requires foreign corporations to secure a license to do busin ess in the Philippines to enable the courts to exercise jurisdiction over these foreign 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 f ollowing instances: a.Isolated transactions; b.To protect its reputation, corporate name, and goodwill; c.For infringement of trademark or tradename, unfair competition or false descri ption of products, and infringement of patent. However, a foreign corporation not doing business in the Philippines cannot be s ued because there is no agent or representative who will receive the summons. It is only through the service of summons which the court can acquire jurisdiction over the defendant. 4.A Spanish art collector domiciled in the Philippines, with no heirs and no wil l. Who is entitled to the art collection? >The Philippines having caduciary rights over the properties of the deceased wil l be entitled to the art collection. In the Philippines, we adopted the theory that the last heir of a deceased perso n is the state. Thus, the state succeeds the properties left by said deceased as an heir. 5.Two Filipinos married in England. Can they use sterility as a ground for annul ment? >The answer must be qualified: If sterility is a ground for annulment in England then yes the couple may use su ch 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 t he marriage was celebrated will govern their marriage. But if sterility is not a ground for annulment in England then No they cannot in voke sterility to annul their marriage. 6.Two Filipinos who are first cousins married in California. Is the marriage val id? >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 marr iage while their marriage is still in force since the Philippines does not recog nize divorce the marriage between the husband and the first wife is still in for ce. 8.A Filipino doctor in New York made holographic wills and gave nothing to his i llegitimate child. He died. a.Can the will be probated?

>Yes. The Lex Loci Celebrationis shall govern the holographic will of the deceas ed. The law provides that a holographic will is one entirely written, dated and sign ed by the testator himself, it is subject to no other form and may be made in or out of the Philippines, and need not be witnessed. Moreover, the rule also prov ides that a will probated in a foreign country has to be reprobated in the Phili ppines in accordance with our procedural law, because a foreign judgment, no mat ter how intrinsically meritorious, cannot have, as a general rule, automatic ext raterritorial 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 o f the deceased which shall governed the extrinsic and intrinsic validity of the will. New York law, which does not recognize legitimes shall be applicable in th e 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 whi le docked in Pier 7, Manila? >Yes. Under the revised penal code the Philippines has jurisdiction over crimes commit ted in its territory. As stated in people v. wong cheng the court held that smok ing opium even though the perpetrator was inside a foreign vessel is a breach of our public order because if the harmful effects that it produced in our territo ry. 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 j urisdiction. a.English rule which states that the territory where the crime was committed wil l have jurisdiction except in matters relating to the internal order and discipl ine of the vessel and those which affect solely the ship and its occupants such as 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 ha s jurisdiction, except if the crime affects the peace, order, security, and safe ty of the territory. 10.What is the effect of a final judgment of a District court of California find ing a Filipino as owner of an airplane? >The judgment or final order is conclusive upon the title of the thing. The judg ement may however 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. 11.A drives a car. B was injured while he was with A in Hongkong. A and B are bo th 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 bec ause 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 com missii since the period of prescription is substantive and not procedural. The kinds and measures of damages recoverable by B, and the defenses that A may put up, should also be governed by Hongkong law, which is the lex loci delicti c ommissii. But all procedural matters like the period for filing the answer, the period for appeal should be governed by the lex fori, which is the Philippine la w. b.If B is an American, can he still file a case in Manila?

The rule of the state of the most significant relationship provides that the rig hts and obligations of the parties in a case of tort is determined by the local law of the state which, with respect to the particular issue, has the most signi ficant relationship to the occurrence and the parties. Assuming that B is also domiciled in the Philippines, lex loci delicti commissii is considered to be in the Philippines. This is because all dominant factors ar e considered to be in the Philippines. A s nationality and domicile is in the Phil ippines and B s right will be better vindicated. 12.A Muslim businessman and second Filipino wife settles in the Philippines. The y begot 3 sons. The couple die in a motor accident. Who inherits? >Since the Philippines follows the nationality theory the national law of the c ouple would apply. 13.What is the effect of a final judgment in Hongkong ordering the defendant to pay P100,000 to plaintiff? >The Rules of Court provide that the effect of a judgment or final order of a tr ibunal of a foreign country against a person is a presumptive evidence of a righ t 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 jurisdicti on, want of notice to the party, collusion, fraud, or clear mistake of law or fa ct.