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CONFLICT OF LAWS SUMMARY

by: Galahad Pe Benito

CHAPTER 1 informed consent of the children nor the guardians. Said drug had
INTRODUCTION TO adverse side effects which cause some patients to die, become
PRIVATE INTERNATIONAL LAW blind, deaf, paralyzed or brain-damaged.

International Law Issues:


- Rules and principles of general application dealing with - W/N Pfizer violated international law on nonconsensual
the conduct of states and of international organizations medical experimentation? Yes.
and with their relations inter se, as well as with some of - W/N Nigeria offers adequate forum for the adjudication
their relations with persons, whether natural or juridical of plaintiff’s claims? No.
- Includes:
o Questions of right between nations Determine whether norm is alleged:
o Right of persons within the territory and 1. Is a norm of international character that States
dominion of one nation universally abide by, or accede to, out of a sense of legal
a) by reason of acts, private or public obligation
b) done within the dominions of other 2. Is defined with a specificity comparable to the 18th-
nations century paradigms discussed in Sosa
- branch of law that deals with the relationship of states, 3. Is of mutual concern to States
as well as the relationship of individuals of different
states In sum, it was inappropriate for the district court to forego a more
- public character when international subjects are extensive examination of whether treaties, international
involved agreements, or State practice have ripened the prohibition of
- private character when individuals, domestic laws, or nonconsensual medical experimentation on human subjects into a
local events intermingle with each other necessitating a customary international law norm that is sufficiently:
determination of the applicable law 1. Universal and obligatory
2. Specific and definable
Example: 3. Of mutual concern to permit courts to infer a cause of
- public: two or more countries have territorial disputes action
that are governed by international treaties or conventions
- private: comes into play when laws of State A are UNIVERSAL
different with laws of State B; invocation of the doctrine - Must allege the violation of a norm of customary
of forum non conveniens international law to which States universally subscribe
- It is specific, focused and accepted by nations around the
Branches of International Law world without significant exception
1. Public international law – governs the relationship of - Due to human experimentation by Nazis, it was ruled
states and international entities that “the voluntary consent of the human subject is
2. Private international law absolutely essential; unknowing human subjects is
a. comprehends regulating private interactions morally and legally unacceptable
across national frontiers; - Its status as a norm that states conceive as legally
b. deals with conflict of laws among the laws of binding—and therefore part of customary international
two or more states law
c. necessitates a determination of which - There is a powerful indication of the international
municipal law applies to the case acceptance of this norm as a binding legal obligation
d. objective: harmonization of the law of several - Has become firmly embedded and has secured universal
states when a conflict of laws exist acceptance

Distinctions between Public and Private SPECIFICITY


Public Private - Sosa requires that we recognize causes of action only to
As to source International Domestic and enforce those customary international law norms that are
conventions, municipal laws, no less definite [in] content…than the historical
international including paradigms familiar when [the ATS] was enacted”
custom, general constitution and - Domestic laws of at least 84 States all uniformly and
principles of law statutes adopted unmistakably prohibit medical experiments on human
recognized by by individual beings without their consent, thereby providing concrete
civilized nations, countries; not content for the norm
judicial decisions necessarily the
and teachings of same for all states MUTUAL CONCERN
qualified - States not only acted independently to outlaw large-
publicists; same scale, non-consensual drug testing on humans, but they
for all states have also acted in concert to do so
As to subjects States and Individuals and - Acting out of a sense of mutual concern: the nations have
international corporations made it their business, both through international
organizations accords and unilateral action to demonstrate their
intention to eliminate conduct of the type alleged
CASE: Abdullahi v Pfizer
Pfizer had an experimental antibiotic, Trovan, which it
administered to young patients in Nigeria without getting the

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |1
FORUM NON CONVENIENS Lex loci celebrationis – law of the place of the ceremony or the
- Three-step analysis applies in the case: second step – law of the place where the contract is made
requires the distinct court to consider the adequacy of the
alternative forum Lex loci contractus – law of the place where the contract is
- Dismissal not appropriate if an adequate and presently executed or to be performed
available alternative forum does not exist
- Forum is inadequate when: When there is a conflicts case the court may:
o It does not permit the reasonably prompt 1. Dismiss the case
adjudication of a dispute 2. Assume jurisdiction over the case and apply the internal
o Forum not presently available law of the forum
o Forum provides a remedy so clearly 3. Assume jurisdiction over the case and take into account
unsatisfactory or inadequate that it is or apply the law of some other State or States
tantamount to no remedy at all
While it may choose to recognize laws of foreign nations, the
FOREIGN ELEMENT court is not limited by foreign sovereign law short of treaties or
- Most important component of a conflicts of law problem other formal agreements, even in matters regarding rights
- Is anything which is not domestic and has a foreign provided by foreign sovereigns
component to it
- Can be a foreigner, foreign corporation, an incident Steps in Determining Applicable Law
happening in a foreign country, or foreign law chosen by 1. Characterization
the parties o Involves identification of the issue in the
- Without a foreign element, the case is only a domestic problem.
problem with no conflicts dimension o Process of spotting the legal issues as presented
- Presence of a foreign element is inevitable since social by the facts of the case
and economic affairs of individuals and associations are o Important step in this process is pinpointing
rarely confined to the geographic limits of their birth or the branch of law implicated by the problem
conception o Next step is determining whether there is
- Exists when parties to a contract: conflicts of law problem by the present of a
o is an alien or has a foreign domicile foreign element
o between nationals of one State involves o If there is one involved, he then employs
properties situated in another State applicable conflicts of law doctrines in
o other complex form determining the applicable law
o stipulate a foreign law or may be where the o If none, he just applies the rule, law or
merchant operates jurisprudence prevailing in the forum
2. Connecting factors
Phases in Conflicts Resolution o An analysis is made with respect to which
1. Jurisdiction – concerns the authority of a court of law to jurisdiction or fora has the most connection to
take cognizance of a case the case, such as:
Where can or should litigation be initiated? a) Nationality of the parties
2. Choice of law – refers to the applicable law to the b) Location of the act or event
problem c) Terms of the agreement or contract
Which law will the court apply? d) Other matters
3. Recognition and enforcement – concerns the o Once legal system is identified, applicable
enforcement of foreign laws and judgments in another branch of law in that legal system will then be
jurisdiction applied in resolving the dispute
Where can the resulting judgment be enforced?
Choice of Applicable Law
- important for purposes of determining the applicable - Parties are free to stipulate the applicable law that will
theories of law as well as the defenses available thereto govern their contractual obligations, provided not
- separate from each other contrary to law, morals, public policy, customs, etc.
- a defense in one phase is not a defense in other phases - Not necessary that it is local law, as long as it does not
violate public policy or the laws of the forum
CASE: Hasegawa v Kitamura
- lex loci celebrationis, lex contractus, the state of the most Extraterritoriality
significant relationship rule, or forum non conveniens - Laws are generally territorial in application
are improper grounds to question jurisdiction - Mind of the traveler is limited to the territorial
- power to exercise jurisdiction does not automatically boundaries of his country when he enacts laws
give a state constitutional authority to apply forum law - Laws, however, can be extraterritorial when so provided
- before determining which law should apply, first, there by the legislature
should exist a conflict of laws situation requiring the - Depends on legislative intent
application of the conflict of laws rules - Exception is when this intrudes with the territorial
integrity and sovereignty of another country
JURISDICTION CHOICE OF LAW - May be implicit or explicit
Considers whether it is fair Asks the further question
to cause a defendant to whether the application of ARTICLE 15: Laws relating to family rights and duties, or to the
travel to this state a substantive law which status, condition and legal capacity of persons are binding upon
will determine the merits citizens of the Philippines, even though living abroad.
of the case is fair to both
parties

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |2
ARTICLE 16: Real property as well as personal property is 2. Question of where, as between the forum court and a
subject to the law of the country where it is stipulated. foreign court, the balance of interests inhering in a
However, intestate and testamentary successions, both with dispute weighs more heavily
respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary Factors that weigh into a court’s appraisal of the balance of
provisions, shall be regulated by the national law of the person interests:
whose succession is under consideration, whatever may be the 1. Vinculum which the parties and their relation have to a
nature of the property and regardless of the country wherein said given jurisdiction
property may be found. Concerned with the parties, their personal
circumstances, and private interests. Court must look
CASE: Small v US into the preponderance of linkages which the parties and
“Convicted in any other court” does not mean to include foreign their transaction may have to either jurisdiction.
convictions; refers only to domestic courts - Nationalities
- Places of negotiation, execution, performance,
CASE: Kiobel v Royal Dutch Petroleum Co. engagement or deployment
- Presumption against extraterritorial application 2. Public interest that must animate a tribunal, in its
- Pirates generally do not operate within any jurisdiction capacity as an agent of the sovereign, in choosing to
assume or decline jurisdiction
Forum Non Conveniens Concerns itself with the state and the greater social
- Simply means that the forum is not convenient order.
- Because forum chosen has no substantial connection to
the parties or to the dispute that it becomes very
inconvenient to litigate the suit the chosen venue: CHAPTER 2
o Parties are not residents of the forum CHOICE OF LAW
o Witnesses are located somewhere else
o Adequate forum where court of law are - When parties enter into agreement, their relationship is
operating and may offer the plaintiffs a venue usually governed by a particular law
where they could obtain justice - Default law is almost always the local law since the
- Usually interposed by way of a motion to dismiss minds of the parties are set on the local law upon
entering into the agreement
Instances where a court may desist from exercising jurisdiction: - Instances where foreign law is applied:
1. Belief that the matter can be better tried and decided o When parties stipulate a foreign law to govern
elsewhere, whether because the main aspects of the case their relationship
transpired in a foreign jurisdiction or the material o Foreign law offers more benefits to a person
witnesses have their residence there o XPN: when there are compelling reasons not to
2. Belief that the non-resident plaintiff sought the forum, a apply the same
practice known as forum shopping, merely to secure
procedural advantages or to convey or harass the Choice of Law Principles
defendant Section 6 of the US Restatement (Second) of Laws states the
3. Unwillingness to extend local judicial facilities to following Choice of Law Principles:
nonresidents or aliens when the docket may already be 1. A court, subject to constitutional restrictions, will follow
overcrowded a statutory directive of its own state on choice of law
4. Inadequacy of the local judicial machinery for 2. When there is no such directive, the factors relevant to
effectuating the right sought to be maintained the choice of the applicable rule of law include
5. Difficulty of ascertaining foreign law a. needs of the interstate and international systems
b. relevant policies of the forum
CASE: Saudia Arabian Airlines v Rebesencio c. relevant policies of other interested parties and
- Flight attendant became pregnant and was terminated the relative interests of those states in the
- The matter of jurisdiction rests on the sound discretion determination of the particular issue
of the court d. protection of justified expectations
o Must be clearly pleaded as a ground for e. basic principles underlying the particular field
dismissal of law
o Must be pleaded as such at the earliest possible f. certainty, predictability and uniformity of result
opportunity g. ease in the determination and application of the
o Otherwise, it is deemed waived law to be applied
- Defendant must also plead and show that a prior suit has,
in fact, been brought in another jurisdiction Principle 1: Local Law
- Defendant must show that such danger is real and - looks to the statutory directive of the state on choice of
present in that litigation or dispute resolution has law
commenced in another jurisdiction and that a foreign - general rule and provides that local law to be the default
tribunal has chosen to exercise jurisdiction law that will govern the relationship of the parties to a
dispute
Evaluation of the propriety of contracting parties’ choice of a
forum and its incident must grapple with 2 considerations: ARTICLE 15: Laws relating to family rights and duties, or to the
1. Availability and adequacy of recourse to a foreign status, condition and legal capacity of persons are binding upon
tribunal citizens of the Philippines, even though living abroad.
This relates to the viability of ceding jurisdiction to a
foreign tribunal *ARTICLE 16: Real property as well as personal property is
subject to the law of the country where it is stipulated.

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |3
However, intestate and testamentary successions, both with of an ordinary action for collection operates as a waiver of the
respect to the order of succession and to the amount of mortgage-creditor’s reedy to foreclose the mortgage. Filing this
successional rights and to the intrinsic validity of testamentary case is a waiver of other remedies.
provisions, shall be regulated by the national law of the person
whose succession is under consideration, whatever may be the When a foreign law judgment or contract is contrary to a sound
nature of the property and regardless of the country wherein said and established public policy of the forum (proscribing the
property may be found. splitting up of a single cause of action), the said foreign law,
judgment of order shall not be applied. It should not be applied
*application of lex rei sitae or the law of the place where the when its application would work undeniable injustice to the
property is situated for real or personal properties citizens or residents of the forum.

THE PROBLEM OF RENVOI CASE: Dacasin v Dacasin


- instead of applying local law, statutory directive actually Parties are free to stipulate the term of their agreement unless
directs the application of a foreign law on the matter contrary to law, morals, good customs, public order, or public
- local court must look to the TOTALITY of the foreign policy. There is always bias for local law and residents.
law under consideration
- foreign law refers to ALL the laws of the foreign state Principle 4: Relevant policies of other interested states
and not merely the law closely related to the case in - Courts compare the laws and interests of two states,
dispute determine if there is a real conflict, if yes, then apply the
- most important laws to be looked into: conflict-of-law law of the state whose interest is more impaired
rules of the foreign state - In the Philippines, this approach is rarely employed
- there is international ping pong
CASE: Kearney v Salomon
Problem: local law requires the forum court to apply a foreign law Governmental interest analysis is used in resolving choice-of-law
to the case in dispute. The foreign law directs the application of issues. This involves three steps:
the laws of the forum court to the case under consideration. 1. Court determines whether the relevant law of each of the
Hence, there is a reference back to the local laws of the forum potentially affected jurisdictions with regard to the
court. particular issue in question is the same or different
2. If yes, the court examines each jurisdiction’s interest in
CASE: Aznar v Garcia the application of its own law under the circumstances if
The theory of the doctrine of renvoi is that the court of the forum, the particular case to determine whether is a true conflict
in determining the question before it, must take into account the exists
whole law of the other jurisdiction, but also its rules as to conflict 3. If there is true conflict, it carefully evaluates and
of laws, and then apply the law to the actual question which the compares the nature and strength of the interest of each
rules of the other jurisdiction prescribe. jurisdiction in the application of its own law “to
determine which state’s interest would be more
CASE: Bellis v Bellis impaired if its policy were subordinated to the policy
Doctrine of renvoi is usually pertinent where the decedent is a of the other state”
national of one country, and a domicile of another. In the absence
of proof, as to the conflict of law rule of Texas, it should not be CASE: Butler v Adoption Media
presumed different from ours. Appellants’ position is therefore There was “true conflict” and that conflict reflected competing
not rested on the doctrine of renvoi. As stated, they never invoked state interests. In view of this finding that the interests of the two
nor even mentioned it in their arguments. states are not entirely in accord, the court will consider the
comparative impairment of each state’s interest. (See #3)
Principle 2: Needs of the interstate and international systems
- courts must consider this Arizona has strong interest in protecting its businesses from
- technological advances and free trade have spawned “surprise” penalties due to the anti-discrimination laws. However,
disputes that cut across borders they were not required to discriminate.
- if we apply on local laws:
o it would unduly stifle the growth of free trade CRITICISM:
o discourage people from trading with their - Tends to favor the laws and interests of the forum court
counterparts in other countries - Inherent bias for forum courts to favor own laws over
- must reconcile multistate laws with the end in view of that of others
encouraging international trade among people
Principle 5: Protection of justified expectations
Principle 3: Relevant policies of the forum - Parties are free to stipulate the terms and conditions of
- each forum considers certain values to be of highest their agreement, which become part of the law of the
import contract unless contrary to law, public policy, etc.
- US: fairness and due process
- PH: protection for labor and does not recognize laws CASE: Francisco v Stolt Achievement
which will weaken the family as a social unit (divorce) Contract clearly provides remedies for work-related personal
injuries. Courts must look at justified expectations in adjudicating
CASE: Cadalin v POEA Administrator a case. Parties have reasons why they choose a particular law as
The courts of the forum will not enforce any foreign claim their choice of law:
obnoxious to the forum’s public policy. o Convenience, fairness, and justice.
o Justice is easier to get in countries with democratic
CASE: Bank of America v American Realty systems or where judges are free from corruption and
In our jurisdiction, the remedies available to mortgage creditors pressure.
are deemed alternative and not cumulative. The mere act of filing

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |4
o A party may have more rights in his home county than 1. The copy is a correct copy of the original, or
in another 2. A specific part thereof, as the case may be.
3. The attestation must be under the official seal of the
Principle 6: Basic policies underlying the particular field of law attesting officer, if there be any, or
- Reason and objectives of the laws in question should be 4. If he be the clerk of a court having a seal, under the seal
given consideration of such court
- Courts should look at the type of law involved
- By looking at the particular laws involved, the courts CASE: Wildvalley Shipping v CA
may be in a better position to decide which rights to For a copy of a foreign document to be admissible, the following
uphold and protect requisites are mandatory:
1. Attested by the officer having legal custody of the
CASE: Hancock v Watson records or by his deputy
Choice-of-law analysis: 2. Must be accompanied by a certificate by a secretary of
1. Determine whether the conflicting laws are substantive the embassy or embassy or legation, consul general,
or procedure consul, vice consul, or consular agent or by any officer,
2. Classify the substantive area of law applicable to the and with a seal of his office
conflicting laws, as each area of law has its own choice
of law provisions Latter requirement is not a mere technicality but is intended to
3. Apply the appropriate analytical provisions to the justify the giving of full faith and credit to the genuineness of a
conflict document in a foreign country.

Principle 7: Certainty, predictability, and uniformity of result A foreign law is considered to be pleaded if there is an allegation
- Most judicial systems favor stability in judicial decisions in the pleading about the existence of the foreign law, its import
- Res judicata and stare decisis and legal consequences on the event or transaction in issue.
- Rationale: provide stability in judicial decisions so
judges will stick to their functions of interpreting the CASE: Manufacturers Hanover Trust v Guerro
laws instead of setting policies Failure to comply with Sec. 24 of Rule 132 of the Revised Rules
of Court, the Walden affidavit did not prove the current state of
Principle 8: Ease in the determination and application of the New York law and jurisprudence. Hence, bank merely alleged,
law to be applied but did not prove.
- Simplicity is always a virtue in determining which law
to apply CASE: Edi-staff Builders Int. v NLRC
- Stare decisis is usually simpler to apply since there is no Foreign law is treated as a question of fact to be properly pleaded
need to adopt new and more complication analyses since ad proved as the judge or labor arbiter cannot take judicial notice
what is needed to be done is to apply the law of a foreign law. He is presumed to know only domestic or forum
- Torts: lex loci delicti law. When foreign law is not pleaded, it is presumed to be the
same as local law (doctrine of presumed-identity approach or
OTHER PRINCIPLES AFFECTING CHOICE OF LAW processual presumption).

Proof of foreign law and processual presumption Exceptions to proof of foreign laws:
- Foreign laws have to be properly proved before they are 1. Presentation of a foreign-licensed attorney who will
admitted into evidence testify in open court concerning her knowledge of the
- Failure to prove will result to the exclusion of the foreign law in question
law and presumption will arise that foreign law is the 2. Case of administrative agencies recognizing foreign
same as local law (doctrine of processual laws without proof thereof.
presumption) Administrative agencies are not bound by technical rules
- Foreign documents also need to be proved before they of procedure and may properly recognize the existence
can be admitted into evidence of a foreign law by judicial notice.
3. Lack of objection to the improper presentation by one
Section 24. Proof of official record. — The record of public party of proof of foreign law.
documents may be evidenced by: 4. Tribunal may properly recognize the existence of
1. An official publication thereof or universally known law or law whose existence is known
2. By a copy attested by the officer having the legal custody to most men due to its universal application
of the record, or 5. Laws appearing in official websites like those of the
3. By his deputy, and accompanied, if the record is not kept Office of the President or the Library of Congress
in the Philippines, with a certificate that such officer has
the custody. CASE: Norse Management v National Seamen Board
4. If the office in which the record is kept is in foreign It is safe to assume that the Board is familiar with pertinent
country, the certificate may be made by a secretary of Singapore maritime laws relative to workmen’s compensation.
the embassy or legation, consul general, consul, vice
consul, or consular agent or by any officer in the foreign Scrivener’s Error
service of the Philippines stationed in the foreign - Means failure of the agreement to express the intention
country in which the record is kept, and authenticated by of the parties
the seal of his office. - Failure may be attributable to:
o Wrong terminology
Section 25. What attestation of copy must state. — o Missing terminology
Whenever a copy of a document or record is attested for the o Clerical error
purpose of evidence, the attestation must state, in substance, that: - Because the agreement does not embody the intention of
the parties, the chosen law is often disregarded resulting

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |5
in a course of action which the parties may not have CASE: Atienza v Philimare Shipping
contemplated or wanted It is clearly stipulated therein that the insurance benefit shall be as
- It may be simple oversight, negligence, or plain lack of per NSB Standard Format in the event of death seaman during the
skill on the part of the person drafting the contract term of his contract, over and above the benefits for which the
- Because there is failure to express the true intent of the Philippine Government is liable under Philippine law
parties, the agreement is interpreted according to its
plain or obvious meaning CASE: Pakistan International Airlines v Blas Ople
Terms and conditions of the contract are subject to public policy
CASE: Hong Kong and Shanghai Banking v Sherman considerations. Pakistani law cannot be applied as it violates the
A State does not have jurisdiction in the absence of some labor laws of the Philippines. The principle of party autonomy in
reasonable basis for exercising it, whether the proceedings are in contracts is not however an absolute principle. The law relating
rem quasi in rem or in personam. To be reasonable, the to labor and employment is clearly such an area where parties are
jurisdiction must be based on some minimum contacts that will not at liberty to insulate themselves and their relations from the
not offend traditional notions of fair play and substantial justice. impact of labor laws and regulations by simply contracting with
each other.
In International Law, jurisdiction is often defined as the right of
the State to exercise authority over persons and things within Relationship is much affected with public interest and that the
boundaries subject to certain exceptions. otherwise applicable Philippine laws and regulations cannot be
rendered illusory by the parties agreeing upon some other law to
To be enforceable, the forum selection clause should have read: govern their relationship.
“exclusive jurisdiction”
Karachi courts are likewise not proper because:
CASE: Carnival Cruise Lines v Shute - Contract was executed and performed in the Philippines
It bears emphasis that forum selection clauses contained in form - Private respondents are Philippine citizens while
passage contracts are subject to judicial scrutiny for fundamental petitioner, although foreign, is licensed to do business in
fairness. the Philippines
- Respondents were based in Manila

CHAPTER 3 Existing laws and those passed by Congress, as well as


CONTRACTS regulations promulgated by administrative agencies, are deemed
incorporated in the contract. New laws cannot be labeled an
Conflict of Laws in Contractual Relations impairment to bring it within the scope of the protection provided
Contract – agreement among several parties involving the by the Constitution.
delivery of a product, or the performance of an act.
Non-impairment clause operates only in limited instances and this
- Parties are free to stipulate the terms and conditions of situation is not one of them.
their relationship – becomes law of the contract which
the parties are bound to observe Choice of Law Stipulations
- Foreign element: - Principle of autonomy of contracts
o Alien individual becoming a party to the o allows parties to stipulate the law that shall
contract govern their contractual relations
o Parties choosing a foreign law as their choice of o will greatly aid in the achievement of the
law objectives of the parties in entering into a
o Places of execution and performance are contract
different from each other
o International contracts where parties have If parties do not specify the extent of the applicability of their
establishments in different states chosen law, the chosen law will normally apply to the following:
- Default law – law where contract is executed (lex loci 1. interpretation
contractus) 2. rights and obligations arising from the contract
- Even if law is stipulated law of place of performance will 3. performance and the consequences of non-performance,
always find applicability to ensure that local laws thereof including the assessment of damages
are not violated or public policy infringe by the 4. various ways of extinguishing obligations and
execution of the contract prescription and limitation periods
5. validity and the consequences of invalidity of the
Primacy of Contractual Stipulations contract
NCC allows parties to stipulate terms and conditions to govern 6. burden of proof and legal presumption
their relationship as long as they are not contrary to law, public 7. pre-contractual obligations
policy, morals, good customs, and public order.
Waiver of Renvoi
CASE: Bagong Filipinas Overseas Corp. v NLRC - parties may waive the application of renvoi in case the
HK law on workmen’s compensation is not the applicable law same is provided for by a foreign law
because it was expressly stipulated in the employment contract in - private international law will find no application once a
that case that the workmen’s compensation payable to the foreign law is chosen by the parties
employee should be in accordance with Philippine Law or - every word and phrase stipulated by the parties must be
Workmen’s Insurance Law of the country where the vessel is presumed to have been employed with a purpose, and
registered “whichever is greater.” must be given a meaning and effect whenever
reasonably possible
- Reason: to avoid the complexity of the application of
conflicts of law rules that point to another law when the

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |6
parties specifically intended a particular law to govern o Drawback: its complexity and tendency to
their contractual relations create confusion as one will have to list and
- Not mandatory examine the connecting factors of a state to a
- Capacity to contract – governed by national law of the pending contractual dispute.
parties
- There is a need to look at the national law of a person in Law governing in the Absence of Effective Choice by the Parties:
determining the contracting party’s capacity to enter into 1. The rights and duties of the parties with respect to an
a contract issue in contract are determined by the local law of the
state which, with respect to that issue, has the most
Approaches to Contractual Conflicts of Law significant relationship to the transaction and the parties
There are three principles: under the principles states in para. 6.
1. Lex loci contractus – law of the place where the contract 2. In the absence of an effective choice of law by the
is executed parties, the contracts to be taken into account in applying
o This is the default law based on the the principles of para. 6 to determine the law applicable
presumption that the parties would have to an issue include:
specified a particular law if they did not want a. Place of contracting
local law to govern their contractual b. Place of negotiation of the contract (vital)
relationship c. Place of the performance (vital)
d. Location of the subject matter of the contract
CASE: Erie Insurance Exchange v Edmund Heffernan e. Domicile, residence, nationality, place of
The court was not asked to interpret the validity of a contractual incorporation and place of business of the
term or decide questions of coverage. Question is applicability of parties
the appropriate substantive law to resolve the issues of tort
liability and damages. These contracts are to be evaluated according to their
relative importance with respect to the particular issue
Because issue relates to tort, we look to tort choice of law
principles—the law of the place of the accident. Although 3. If the place of negotiating the contract and the place of
principles of lex loci contractus apply to contract disputes, the performance are in the same state, the local law of
because the uninsured motorist statute and the insurance policies, this state will usually be applied, except as otherwise
by the incorporation of the phrase “entitled to recover”, reference provided in paras 189-99 and 203.
to tort law, the substantive tor law of where the accident occurred
applies, generally, to the issues of fault and damages. CASE: In re KMH
Various factor are relevant to a choice-of-law determination,
CASE: Government v Frank including:
No rule is better settled in law than that matters bearing upon the - the procedural or substantive nature of the question
execution, interpretation, and validity of a contract are determined involved
by the law of the place where the contract is made. - residence of the parties involved
- interest of the State in having its law applied
Matters connected with its performance are regulated by the law
prevailing at the place of performance. Matters respecting Kansas law applies and that significant contacts and a significant
remedy, such as bringing of suit, admissibility of evidence and aggregation of contacts with Kansas make application of our law
statutes of limitations, depend upon the law of the place where the to the parties’ claims not only appropriate but also constitutional.
suit is brought.
Depecage
2. Lex loci celebrationis – law of the place where the - refers to the process whereby different issues in a single
contract is performed or celebrated case arising out of a single set of facts may be decided
o Reason: since a contract is to be performed in a according to the laws of different states
particular place or state, it is but proper that the - process when procedural matters were held to be
law of that state govern the relationship of the governed by forum law and substantive questions by
parties some other law, even when matters characterized as
o This is natural since the parties of the contract procedural had substantial outcome-determinative
are expected to follow and comply with laws effect.
where they are operating or performing their - Different substantive issues could properly be decided
obligations under the laws of different states, when the choice-
o Otherwise, there is a greater chance that they influencing considerations differ as they apply to the
will be in violation of the law of the place of different issues
performance, which can also become a ground
for invalidation Philippines follows Lex Loci Contractus
- Our courts are obliged to apply the law of the place of
3. State of the most significant relationship Rule – law of execution of the contract in case a conflict dispute
the place with the most connection to the dispute concerning contracts is brought to the courts
o Basically a matter of convenience and - If a contract is executed in the Philippines, and the
practicality: seeks to apply law of the place that contract specifies no choice of law, the governing law
has the most connecting factors to the contract will be Philippine law
o More factors – easier to determine the rights
and obligations of the parties to the contract CASE: Triple Eight Integrated Services v NLRC
o This approach takes into account the previous Lex loci contractus governs this jurisdiction. There is no question
two approaches that the contract of employment in this case was perfected here in
the Philippines. Therefore Labor Code, its IRR and other laws

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |7
affecting labor apply in this case. The courts of the forum will not of the actor to take precautions to guard against
enforce any foreign claim obnoxious to the forum’s public policy. that harm. Conduct is said to be negligent when
a prudent man in the position of the tortfeasor
Defenses to Jurisdiction and Choice of Law would have foreseen that an effect harmful to
Conflict of Laws involves three phases: another was sufficiently probable to warrant
1. Jurisdiction this foregoing conduct or guarding against its
2. Choice of law consequences.
3. Recognition and enforcement of judgment
Conflict of Laws in Torts
- These three phases are separate from each other that a Problems arise when:
defense in one phase is not a defense in the other phases - Plaintiff is a resident of one state, the defendant of
- Thus, it is important to analyze the real issues in a another state
conflicts problem for the purpose of utilizing the - Both plaintiff and defendant may be residents of one
appropriate approach to a contractual dispute state and the place of injury could be another state
- Act or conduct causing the injury happens in one state
CASE: Hasegawa v Kitamura while resulting injury is felt in another state
- Power to exercise jurisdiction does not automatically - States employ differing approaches in resolving torts
give a state constitutional authority to apply forum law cases
- Jurisdiction and choice of law will often coincide but
minimum contacts for one do not always provide the Approaches to Conflicts’ Torts
necessary significant contacts for the other There are several approaches:
- Question whether the law of the state can be applied to a 1. Lex loci delicti or vested rights doctrine
transaction is different from the question of whether the o Traditional rule that employs the law of the
courts of that state have jurisdiction to enter a judgment place of injury
o Straightforward – simply apply the law of the
Jurisdiction over the subject matter – conferred by the sovereign place where the injury or damage was sustained
authority which establishes and organizes the court Vested rights theory – the rights of the parties
vested in the place of injury and nowhere else
Forum non conveniens cannot be used to deprive the trial court of o The state where the damage or injury is
its jurisdiction: sustained has as much interest in redressing the
1. It is not a proper basis for a motion to dismiss because wrongs committed within its jurisdiction
Section 1, Rule 16 of the ROC does not include it as
ground CASE: Dowis v Mud Slingers
2. Whether a suit should be entertained or dismissed on the The relative certainty, predictability, and ease of the application
basis of the said doctrine depends largely upon the facts of lex loci delicti, even though sometimes harsh, are preferable to
of the particular case and is addressed to the sound the inconsistency and capriciousness that the replacement of
discretion of the trial court choice-of-law approaches have wrought
3. The propriety of dismissing a case based on this
principle requires a factual determination CASE: Melton v Stephens
Relevant factors to consider:
o Place where the conduct causing the injury occurred
CHAPTER 4 o The residence or place of business of the parties
TORTS AND DAMAGES o The place where the relationship is centered

Torts as a source of obligation Driver’s conduct in operating their motor vehicles prior to the
Torts (or quasi-delicts) collision will be the focus of attention to determine liability, and
- Whoever by act or omission causes damage to another, that conduct is governed by the rules of the road of the state in
there being fault or negligence, is obliged to pay for the which the accident occurred, presumption of the lex loci delicti
damage done remains significant and is not overcome.

Elements of a quasi-delict (DFCP): 2. Governmental interest analysis approach


1. Damages suffered by the plaintiff o Involves the examination of whether there is a
2. Fault or negligence of the defendant or some other difference in the law of the jurisdictions
person to whose act he must respond involved
3. Connection of the cause and effect between the fault or o Whether there is a true conflict
negligence and the damages incurred o If yes, the court will apply the law of the state
4. There must be no preexisting contractual relation whose interests is more impaired
between the parties
3. Choice-influencing considerations approach
Concept of Negligence o Requires an examination of several factors to
- Consists in the omission of that diligence which is determine applicable law
required by the nature of the obligation and corresponds Factors (PMSAA):
with the circumstances of the persons, of the time and of a) Predictability of result
the place b) Maintenance of the intestate and international order
- Determining negligence, the standard employed is the c) Simplification of the judicial task
ordinary prudent person test: d) Advancement of the forum’s governmental interest
o Could a prudent man, in the case under e) Application of the better rule of law
consideration, foresee harm as a result of the
course actually pursued? If so, it was the duty

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |8
4. Lex fori 2. Courts will continue to evaluate the interests and public
o An approach where the rights and liabilities of policies of potentially concerned jurisdictions
the parties are governed by the law of the forum
To determine jurisdiction with the most significant relationship to
5. Most significant relationship approach the dispute, we must consider:
o Examination is made as to what state has the 1. Place where plaintiff acted in reliance on the
most connection to a case representations
2. Place where the plaintiff received the representations
Points of contact: 3. Place where the defendant made the representations
a) Place where the injury occurred 4. Domicile, residence, nationality, place of incorporation
b) Place where the conduct causing the injury occurred and the place of business of the parties
c) Domicile, residence, nationality place of incorporation 5. Place where the tangible thing, which is the subject of
and place of business of parties the transaction between the parties, was situated at the
d) Place where the relationship, if any, between the parties time
is centered 6. Place where the plaintiff is to render performance under
a contract that he has been induced to enter by the false
o State with most significant relation to the claim representations of the defendant
is usually the state in which the tort (and
therefore the injury) occurred Lex Loci Delicti v. Most Significant Relationship
o This is the state that has the greatest interest in Lex loci delicti Most significant relationship
striking a reasonable balance among safety, Jurisdictions favor its Jurisdictions favor its
cost and other factors pertinent to the design simplicity, ease of responsiveness to modern
and administration of a system of tort law application, stability and times and litigation,
predictability flexibility, fairness, and
CASE: Saudi Arabian Airlines v CA judiciousness
Had the court refused to take cognizance of the case, it would be All that is needed to be done There is greater chance of
forcing the plaintiff to seek remedial action elsewhere where she is apply the law of the place of justice being obtained
no longer maintains substantial connections. This would have injury with no need for
caused a fundamental unfairness to her. It is clear from the facts contacts-counting
of the case that the relationship between parties was centered here. It is disfavored because it Fine-tuned to modern
does not respond to the needs litigation where it is difficult
CASE: First National Bank in Fort Collins v Rostek of modern litigation to pinpoint the place of injury
Application of lex loci delicti often yielded harsh, unjust results, or where the place of injury
unrelated to the contemporary interests of the states involved or could be several states
the realistic expectations of the parties. Application of most Eclectic for its tendency to
“significant relationship” is somewhat broad but it is no less ignore stare decisis, making
precise that the concepts of “reasonableness” or “due process.” judicial decisions
unpredictable
CASE: Lamelgard v Macura
The old rule of lex loci delicti seems too rigid. Defamation is a
tort that the old rule, now a presumption, very often doesn’t fit, CHAPTER 5
because often the defamatory statement is communicated in more CITIZENSHIP AND DUAL NATIONALITY
than one state. It is in New Jersey where the plaintiff has his
practice, and therefore likely to suffer tangible harm from - Citizenship – a person’s membership in a particular state
defamation that impugns his professional integrity and - Brings with it duties of loyalty and allegiance hence
competence, even if the defamation is not published there, has a multiple citizenships are frowned upon
substantial interest in protecting him from defamation.
How Acquired
CASE: Lankenau v Boles Acquired at either birth or by naturalization
If conflicting conduct-regulating laws are at the issue, the law of
the jurisdiction where the tort occurred will generally apply The following are citizens of the Philippines:
because that jurisdiction has the greatest interest in regulating 1. Those who are citizens of the Philippines at the time of
behavior within its borders. Conversely, where the conflicting the adoption of this Constitution;
laws serve only to allocate losses between the parties, such as 2. Those whose fathers or mothers are citizens of the
vicarious liability or comparative negligence rules, the Philippines;
jurisdiction where the tort occurred has only a minimal interest in 3. Those born before January 17, 1973, of Filipino mothers,
applying its on law. who elect Philippine citizenship upon reaching the age
of majority; and
CASE: Winter v Novartis 4. Those who are naturalized in accordance with law.
Case simply discusses points of contact and depecage.
Case 2 and 3 – through birth
CASE: FutureSelect Portfolio Management v Tremont Group Case 4 – naturalization
Two-step analysis for the significant relationship inquiry: Case 1 – refers to both
1. Courts will continue to evaluate the contacts with each
interested jurisdiction Citizenship at Birth
o Approach is not merely to count contacts, but 1. Jus sanguinis
rather to consider which contacts are most o acquired through blood relationship with the
significant and to determine where these parent
contacts are found

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa Page |9
o infant acquires the nationality of his parents at CITIZENS:
birth - Have full political rights; foreigners have limited
o more restrictive form, as it tends to restrict political rights in a foreign country
citizenship only to those related by - Owe full allegiance to their country
consanguinity to citizens thereof - Must abide by the rules specified in their country’s laws
o if one is not born to a citizen, he does not and constitution
become a citizen of that country - Military service: only citizens, generally, are allowed to
2. Jus soli serve in the army of a state (due to loyalty; cannot expect
o acquires citizenship by being born within the a person to defend a country of which he is not a citizen)
territorial boundaries of a state
o more immigrant-friendly as it grants citizenship CASE: Djumantan vs Domingo
by the mere fact of being born within the - No law guaranteeing aliens married to Filipino citizens
territory of a country the right to be admitted, much less given permanent
residency, in the PH
Multiple Citizenships - Fact of marriage by an alien to a citizen does not
- acquired by the simultaneous application of the doctrines withdraw her from the operation of the immigration laws
of jus sanguinis and jus soli governing the admission and exclusion of aliens
- this results in the person having dual citizenship - Marriage of an alien woman to a Filipino husband does
not ipso facto make her a Filipino citizen and does not
Natural Born Citizenship excuse her from her failure to depart from the country
- those who are citizens of the Philippines from birth upon the expiration of her extended stay here as an alien
without having to perform any act to acquire or perfect - Sec. 9 of Immigration Act of 1940: not mandatory for
their Philippine citizenship the CID to admit any alien who applies for a visitor’s
- naturalization – acquisition of citizenship by the visa
performance of some positive act, like applying with the - Once admitted, alien has no right to an indefinite stay
appropriate authorities to become a citizen of that state - An alien allowed to stay temporarily may apply for
change of status and may be admitted as a permanent
CASE: Bengson III v HRET resident
Repatriation results in the recovery of the original nationality. - Among those qualified: spouse of a Filipino citizen
This means that a naturalized Filipino who lost his citizenship will - Entry of aliens into the country and their admission as
be restored to his prior status as a naturalized Filipino citizen. On immigrants is not a matter of right, even if they are
the other hand, if he was originally a natural-born citizen before legally married to Filipino citizens
he lost his Philippine citizenship, he will be restored to his former
status as a natural-born Filipino. Only naturalized Filipinos are Relation to Conflict of Laws
considered not natural-born citizens - Citizenship is relevant to conflict of laws because certain
states require the application of a state’s laws to certain
Foundlings are Natural-Born Citizens matters affecting its citizens
- they are natural-born citizens because they are not an - Example: Art 15 and Art 16 of NCC
excluded class under the Constitution - Exercise of certain right are accorded only to citizens of
- so long as there is a HIGH PROBABILITY that the the state (e.g., right to vote and be voted for)
foundling’s parents are Filipinos, that person will be - Our laws do not tolerate dual allegiance – inimical to
considered natural-born national interest
- Philippines does not discriminate against foundlings and - There is a conflicts problem when the application of the
acknowledges their Philippine citizenship in accord with laws of 2 or more states is applied and a person becomes
human rights treaties and conventions a citizen of two or more countries
- It is state policy as seen in adoption laws to accord them - Example: application of jus sanguinis and jus soli;
the status of natural-born citizens - This conflicts situation may require the courts to
harmonize and reconcile the conflicting laws of several
CASE: Poe v COMELEC states
Fact that petitioner’s blood relationship with a Filipino citizen is
DEMONSTRATABLE (See pages 142 to 149 for a more detailed Dual Allegiance
discussion of the case) - Dual citizenship: state of having two or more
citizenships
Importance of Citizenship - Dual allegiance: state of having dual or multiple
- Important because it is the source of rights allegiances to several states
- Source of benefits as some rights are only available to - Basically, no difference
the citizens of a country - In Sec 5, Art IV of the Constitution, dual allegiance is
- Source of duties and obligations considered to be inimical to the national interest
- Defines voting rights and right to hold office - Only applies to a single specific instance: naturalized
- Suffrage only available to Filipinos and only they may Filipino citizen continues to maintain allegiance to his
be elected or appointed to public office mother country
- Dual citizens: required to make some form of - Blas Ople: dual citizenship and dual allegiance are
renunciation before they can hold public office different; DA – larger and more threatening than that of
- Derivative citizenship: benefit derived from being a mere DC which is seldom intentional and never
child or spouse of a citizen of a state; may enjoy certain insidious
privileges not ordinarily enjoyed by foreigner in the - Problem of DA:
country (e.g., right to work or stay in the PH) o unsettled kind of allegiance of Filipinos;
o lack of guarantees of thorough assimilation and
minority claims on our national resources; may

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa P a g e | 10


siphon scarce national capital to foreign 3. Subscribing to an oath of allegiance to support the
countries; constitution or laws of a foreign country – 21 y/o and up
o tragic capital outflow when we have to endure Provided, Filipino may not divest himself of Philippine
a capital famine which also means economic citizenship in any manner while the Republic of the
stagnation, worsening unemployment and Philippines is at war with any country;
social unrest 4. Rendering services to, or accepting commission in the
- Determined in terms of rights and obligations exclusive armed forces of a foreign country
to that citizenship Provided, That the rendering of service to, or the
- Real impact is on the security of this country, arising acceptance of such commission in, the armed forces of a
from potentially great numbers of dual citizens foreign country, and the taking of an oath of allegiance
professing double allegiance incident thereto, with the consent of the Republic of the
- The Constitution prohibits dual allegiance and mandates Philippines, shall not divest a Filipino of his Philippine
that the same shall be dealt with by law citizenship if either of the following circumstances is
- No specific law has been enacted to deal with this kind present:
of problem; still our naturalization and expatriation laws o The Republic of the Philippines has a defensive
will deal with problems of dual allegiance and/or offensive pact of alliance with the said
- There are inconsistencies on DA: naturalized citizens are foreign country;
not allowed to have DA; the same does not apply to o Said foreign; country maintains armed forces
natural-born citizens on Philippine territory with the consent of the
Republic of the Philippines: Provided,
CASE: Mercado v Manzano o he states that he does so only in
- DC and DA are different connection with his service to said
foreign country
DC – arises when, as a result of the concurrent application of the o those under any of the circumstances
different laws of two or more states, a person is simultaneously mentioned in above paragraphs, shall
considered a national by the said states. It is involuntary. not be permitted to participate nor
vote in any election in PH during the
Example: jus sanguinis and jus soli application; such a person, period of his service to said foreign
ipso facto and without any voluntary act on his part, is country. Upon his discharge, he shall
concurrently considered a citizen of both states be automatically entitled to the full
enjoyment of his civil and political
DA – refers to the situation in which a person simultaneously rights as a Filipino citizen
owes, by some positive act, loyalty to two or more states. It is the 5. Cancellation of the certificates of naturalization
result of an individual’s own volition. 6. Declared by competent authority, a deserter of the
Philippine armed forces in time of war, unless
Clearly, in including §5 in Article IV on citizenship, the concern subsequently, a plenary pardon or amnesty has been
of the Constitutional Commission was not with dual citizens per granted
se but with naturalized citizens who maintain their allegiance to 7. In case of a woman, upon her marriage to a foreigner if,
their countries of origin even after their naturalization. by virtue of the laws in force in her husband’s country,
she acquires his nationality
Hence, the phrase "dual citizenship" in R.A. No. 7160, §40(d) and Under Sec. 4, Art. IV of the Constitution, marriage of a
in R.A. No. 7854, §20 must be understood as referring to "dual woman to a foreigner is no longer expatriating unless
allegiance.” Consequently, persons with mere dual citizenship do they categorically renounce their PH citizenship;
not fall under this disqualification. (unless the person performs some other act deemed
expatriating under our law)
DA – must be subject to strict process with respect to the
termination of their status Case: BOI Commissioners vs Go Callano
Board of Immigration Commissioners maintained that even if the
Filing of certificates of candidacy – private respondent elected private respondents were considered to be Filipino citizens when
Philippine citizenship and in effect renounced his American they left the Philippines in 1946, they lost that citizenship:
citizenship; such filing sufficed to renounce his American o firstly, by staying in China for a period of fifteen years,
citizenship, effectively removing any disqualification he might and
have as a dual citizen; he effectively repudiated his American o secondly, because they have become citizens of the
citizenship and anything which he may have said before as a dual Republic of China in accordance with the Chinese
citizen. Nationality Law, arising from the recognition accorded
them by their common-law father
Expatriation
- Section 3 of Article IV of the Constitution sanctions the Issue: Whether prolonged stay from the Philippines and
expatriation of Philippine citizens by the commission of recognition by an alien father are expatriating acts? No. They are
expatriating acts not expatriating acts.
- Above section gives the State the power to strip the
people of their citizenships - Above issue is a fit subject for the Chinese law and the
- the commission of an act that results in the loss of Chinese court to determine, which cannot be resolved by
citizenship a Philippine court without encroaching on the legal
system of China
Under CA No. 63, citizen may lose his citizenship by the - Any question as to whether a person possesses the
commission of any of the following acts (NESRCDM – 7): nationality of a particular state should be determined in
1. Naturalization in a foreign country accordance with laws of that state. (Hague Convention
2. Express renunciation of citizenship

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa P a g e | 11


on Conflict of Nationality Laws of April 12, 1930 and to reacquire their Filipino citizenships without losing
by the International Court of Justice) their present citizenships
- Not necessary to decide on question - allows former Filipino citizens to repatriate themselves
- Only question is: Did petitioners [private respondents] by taking the oath of allegiance to the Republic of the
lose their Philippine citizenship upon the performance of Philippines without, however, renouncing their present
certain acts or the happening of certain events in China? citizenships
- No foreign law can be applied in above question but by - inconsistent with constitutional provision prohibiting
the following local laws: dual allegiance
o Art. 15 of NCC - foreigners who naturalize in our shores and yet maintain
o Sec 2 of Art. IV of the Constitution: "Philippine their allegiance to their mother countries· are guilty of
citizenship may be lost or reacquired in the dual allegiance which is inimical to the national interest
manner provided by law" - grants derivative Filipino citizenship to the unmarried
Implies that the question of whether a Filipino children below eighteen years of age of those availing of
has lost his Philippine citizenship shall be its benefits: no qualification that the child stay in PH for
determined by no other than the Philippine law a number of years or that he makes a choice of
citizenship
Section 1 of Commonwealth Act No. 63, as amended by Republic - indication that the State no longer places that much value
Act No. 106, provides that a Filipino citizen may lose his on unitary citizenship
citizenship (NESRCDM): - appears to weaken Commonwealth Act No. 63 insofar as
1. Naturalization in a foreign country it negates the effects of an expatriating act
2. Express renunciation of citizenship - state policy: those who naturalize in other countries after
3. Subscribing to an oath of allegiance to support the the law's effectivity are deemed to retain their Filipino
constitution or laws of a foreign country citizenships upon their taking the oath of allegiance to
4. Rendering service to, or accepting a commission in, the the Republic
armed forces of a foreign country; - those who repatriate under this law are deemed to be
5. Cancellation of the certificate of naturalization; natural-born citizens, if they do not have to perform any
6. Declaration by competent authority that he is a deserter act to acquire or perfect their PH citizenship
of the Philippine armed forces in time of war;
7. In the case of a woman by marriage to a foreigner if, by See pages 164 to 173 for pertinent provisions of RA No. 9225 and
virtue of laws in force in her husband's country, she procedure for reacquisition as specified in Memorandum Circ.
acquires his nationality No. AFF. 05002.

- Recognition of the petitioners by their alien father is not - Memorandum Circ. No. AFF. 05002 supplemented RA
among the ground for losing Philippine citizenship 9225; it clarified that a child who has been aged-out
under Philippine law (beyond 18 years of age) may still be the beneficiary of
- It cannot be said that the petitioners lost their former Republic Act No. 9225 so long as:
status by reason of such recognition; only mode of losing o he was born when either or both of her parents
Philippine citizenship is renunciation was still a Filipino citizen
- Law requires an express renunciation: o however, he must apply for re-acquisition on
o renunciation that is made known distinctly and his own behalf, and no longer as a derivative
explicitly beneficiary
o not left to inference or implication - also benefits adopted children who are minors when they
o manifested by direct and appropriate language, were adopted by their Filipino parents; nationality of the
as distinguished from that which is inferred adopted children does not matter – source of their right
from conduct to become Filipino is the nationality of their adopting
- herein petitioners were all minors when they were parents
brought to China; they did not have legal capacity to
renounce their status. Reacquisition
- best proof of reacquisition of PH citizenship: Order of
US Law: Approval and Oath of Allegiance are forwarded to NSO
- the two must concur: – available upon request by RA 9225 beneficiaries
o there must be expatriating act (passport also proof)
o there must be intent to renounce - fairly straightforward and speedy process especially in
- due to voluntariness, difficult for state to take away PH consulates abroad
citizenship - simplified procedures – as fast as one day
- US SC held that US Constitution does not grant the state - applicants must make sure that they have the supporting
the power to strip a person of his citizenship documents showing that they were former PH citizens:
best proof is old passport, or duly certified birth
PH Law: certificate
- There is no requirement for voluntariness
- Mere commission of an expatriating act results in the - Beneficiaries can use either their foreign passports or PH
loss of citizenship passport
- More liberal in allowing state to protect its interest - At PH immigration counter at the airport – must present
against inimical acts of its citizens PH passport to facilitate their entry in the PH as nationals
hereof rather than as aliens
RA No. 9225: Citizenship Retention and Re-acquisition Act - Beneficiaries are restored to their civil and political
- Congress enacted said act to enable former Filipino rights:
citizens who have since naturalized in a foreign country o Acquire properties without limitations

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa P a g e | 12


o Practice their professions (practice law and take CASE: Sobejana-Condon v COMELEC
bar) Issue 1: Whether the "sworn renunciation of foreign citizenship
o Restored political rights (right to vote and be in Section 5{2) of Republic Act No. 9225 is a mere pro-forma
voted for, subject to limitations provided by requirement? No, it is not.
law)
- There was failure to renounce her Australian citizenship
Advantages of being dual citizen in accordance with Sec 5(2) of RA 9225
- Allows the person to stay indefinitely in our country - The language of Sec 5(2) is free from any ambiguity;
since he is already a PH citizen when the law is clear and free from any doubt, there is
- Allows the person to enjoy civil and political rights in only room for application of the law
our country, unlike if he were to remain a foreigner or - a dual citizen cannot run for any elective public position
simply a former Filipino citizen unless he or she personally swears to a renunciation of
- Allows the person's minor children to become Filipinos all foreign citizenship at the time of filing the certificate
as well of candidacy – in clear and unequivocal terms (must be
- Beneficiary may be entitled to possess several passports before officer one who is authorized to administer oath)
which the person can use overseas for convenience - “sworn renunciation of foreign citizenship” – deemed
a formal requirement only re: reacquisition of one's
Drawbacks of having several citizenships status as a natural-born so as to override the effect of
- Taxation: person is obliged to pay both states income principle that natural-born citizens need not perform any
taxes in view of the global nature of income taxes act to perfect their citizenship
- Not absolute – may still be revoked. Basis per Memo by - To hold that oath is mere pro forma, is to say that it is for
DOJ: ceremonial purposes – mere qualified or temporary
o Fraud – use of fake and falsified documents in allegiance (contrary to Constitution and legislature)
a person’s application - It is the operative act which restores political rights
o misrepresentation
o concealment Issue 2: Whether the Australian Citizenship Act of 1948, under
*Before revocation it is important that an which she is already deemed to have lost her 1 citizenship, is
administrative hearing be first conducted before one entitled to judicial notice? No, it is not entitled to judicial notice.
is stripped of his reacquired Philippine citizenship.
This is to give the person concerned the opportunity - Foreign laws are not a matter of judicial notice; must be
to explain himself. alleged and proved
- Petitioner failed to prove Australian law and letter issued
- There are preconditions before restoration of civil and by the Australian Government showing that petitioner
political rights: right to hold an elective office – person's already renounced her Australian citizenship was
renunciation of his foreign citizenship (to limit the right unauthenticated
to hold public office only to Filipinos) - Court must apply RA 9225, not Australian Act; if not, it
- Does not matter that the foreign state recognizes the would be a brazen encroachment upon the sovereign will
renunciation: we are only concerned with our laws and power of the people of this Republic
- Use of a foreign passport negates the renunciation that
Sec. 5(2) vs Sec. 5(3) of RA 9225 he earlier executed
- Former: execution of a “persona1 and sworn
renunciation of any and all foreign citizenship before CASE: Maquiling v COMELEC
any public officer authorized to administer an oath” COMELEC First Division disqualified Arnado on the ground that
- Latter: renounce their oath of allegiance to the country "Amado's act of consistently using his ·US passport after
where they took that oath renouncing his US citizenship on 03 April 2009 effectively
- These two reqs are different from each other negated his Affidavit of Renunciation."

CASE: Jacot v Dal Issue: Whether the use of a foreign passport after renouncing
Issue: Whether petitioner is disqualified from running as a foreign citizenship amounts to undoing a renunciation earlier
candidate for his failure to make a personal and sworn made? Yes, it undoes an earlier renunciation.
renunciation of his US citizenship? No, he is disqualified.
- Use of foreign passport after renouncing one's foreign
Sec 3 of RA 9225 – oath swears allegiance to the PH, but there is citizenship is a positive and voluntary act of
nothing therein on his renunciation of foreign citizenship representation as to one's nationality and citizenship;
- It recants the Oath of Renunciation
Sec 5(2), requires: oath of allegiance under Sec 3, and for those - Legal presumption is open to attach when the citizen
seeking elective public offices in the PH to additionally execute performs positive acts showing his continued possession
a personal and sworn renunciation of any and all foreign of a foreign citizenship
citizenship before an authorized public officer prior or - Renunciation requires an absolute and perpetual
simultaneous to the filing of their certificates of candidacy, to renunciation of the foreign citizenship and full
qualify as candidates in Philippine elections. divestment of all civil and political rights granted by the
foreign country
The oath of allegiance contained in the Certificate of Candidacy, - representing himself as an American citizen, Arnado
which is substantially similar to the one contained in Section 3 of voluntarily and effectively reverted to his earlier status
Republic Act No. 9225, does not constitute the personal and as a dual citizen
sworn renunciation sought under Section 5(2) of Republic Act - reversion not retroactive – the instant he used is US
No. 9225. passport
- any act which violates the oath of renunciation opens the
citizenship issue to attach

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa P a g e | 13


- holding public office demands full and undivided Issue: Whether petitioner is liable for falsification for claiming in
allegiance to the Republic and to no other the MLA that he was Filipino? Yes, at the time of filing he was
still Canadian citizen.
CASE: Arnado v COMELEC
Issue: Whether Arnado complied with the requirement of RA 9225 makes a distinction between those natural-born
personal and sworn renunciation of any and all foreign Filipinos who became foreign citizens before and after the
citizenships prior to or at the time of filing of his certificate of effectivity of R.A. 9225. Said law has no retroactive effect insofar
candidacy? No, because his renunciation was submitted belatedly. as his dual citizenship status is concerned.

- Reason for Arnado’s disqualification – he did not have Practice of Profession


undivided allegiance to the PH when he filed his CoC for - Privilege, therefore restricted to PH citizens
the 2013 elections. - Foreigner, although allowed to practice, must seek a
- Matters dealing with qualifications for elective public license or permit in appropriate government authority
office must be strictly complied with Reason: Filipinos are preferred in the practice of
- The defect is not curable by simply allowing him to profession in our country such that foreigners should not
submit another oath of renunciation displace them if there is a sufficient number of Filipinos
- Arnado should be made to face the consequences of his who can fill the vacancy
inaction since he could have remedied it at the time he - Certain professions are impressed with public interest,
filed his CoC on October 1, 2012 or even before that. requiring patriotism and loyalty, that only Filipinos are
There is no law prohibiting him from executing an allowed to engage in such profession
Affidavit of Renunciation every election period if only
to avert possible questions about his qualifications. CASE: In Re: Petition to Re-Acquire the Privilege to Practice
- Popular vote "cannot override the constitutional and Law in the Philippines
statutory requirements for qualifications and Member of bar lost his privilege when he became a US citizen.
disqualifications. He then reacquired his PH citizenship under RA 9225.

Beneficiaries of RA 9225: Issue: Whether Muneses is entitled to resume his practice of law
- Are allowed to vote and hold public office – subject to in the Philippines? Yes, he is entitled.
certain requirements and limitations
- Disqualified: those who are candidates or are occupying Under R.A. No. 9225, natural-born citizens who have lost their
public office in the country of which they are naturalized Philippine citizenship by reason of their naturalization as citizens
- Naturalized members of armed forces from other of a foreign country are deemed to have re-acquired their
countries: not allowed to vote, be elected, or appointed Philippine citizenship upon taking the oath of allegiance to the
to any public office in PH PH.
Reason: Conflict of interest
- They do not have requisite loyalty and patriotism to our A person who intends to practice his profession in the Philippines
country must apply with the proper authority for a license or permit to
- May imperil security of our country and implicate engage in such practice.
foreign relations power of the political branches of our
government General Principles in Dealing with Conflict of Nationality Laws
See pages 193 to 194.
Reacquisition v. Retention
There are 2 groups: Citizenship under US Laws
1. Those who naturalized in a foreign country before the - U.S. law and jurisprudence make expatriation a difficult,
effectivity of Republic Act No. 9225 if not impossible, proposition
o Deemed to reacquire their Philippine - Earlier U.S. jurisprudence, however, sanctioned the loss
citizenship upon taking the oath of allegiance to of U.S. nationality by the simple performance of an
the Republic expatriating act
o They become citizens once more upon taking - Earlier view: State had the power to strip a person of his
the oath of allegiance citizenship
o Could not be considered Filipinos during the
period when they naturalized in a foreign to the CASE: Perez v Brownell
period when they took the oath of allegiance Issue: Whether Congress has the power to strip a person of his
2. Those who naturalized in a foreign country after the citizenship? Yes.
effectivity of RA 9225
o Deemed to retain their Philippine citizenship - First step, inquire the source of power on which
upon taking the same oath of allegiance Congress must be assumed to have drawn? Deriving
o Considered Filipinos from the time they their just powers from the consent of the governed, its
naturalized in a foreign country to the time they citizens.
took the oath of allegiance to the Republic - Activities involving the political or governmental affairs
o Deemed to retain their Philippine citizenships, (in this case, political election) of another country is
as if they never lost the same, provided they regulable by Congress under its power to deal with
take the oath to the Republic foreign affairs
- Repercussions that the government must deal with make
CASE: David v Agbay it reasonable for it to be in the area of regulation
Petitioner indicated in his application that he was a Filipino
citizen. Petitioner subsequently reacquired his Philippine Dissenting Opinion:
citizenship under Republic Act No. 9225 on October 11, 2007. - Citizens themselves are sovereign, and their citizenship
is not subject to the general powers of their government

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa P a g e | 14


- There is no corresponding provision authorizing
divestment of citizenship
- Status of the naturalized citizen is secure
- Citizenship is man's basic right for it is nothing less than
the right to have rights. Remove this priceless possession
and there remains a stateless person

CASE: Afroyim v Rusk


This case overrules Perez v Brownell.

Congress has no power under the Constitution to divest a person


of his United States citizenship absent his voluntary renunciation
thereof. Perez v. Brownell, supra, overruled.

Petitioner, of Polish birth, became a naturalized American citizen.


He went to Israel and in an Israeli legislative election. The State
Department subsequently refused to renew his passport on the
ground that he voted in a foreign political election, sanctioned by
§401(e) of the Nationality Act of 1940.

Congress has no power under the Constitution to divest a person


of his United States citizenship absent his voluntary renunciation
thereof.

(a) Congress has no express power under the Constitution to strip


a person of citizenship, and no such power can be sustained as an
implied attribute of sovereignty, as was recognized by Congress
before the passage of the Fourteenth Amendment

(b) The Fourteenth Amendment's provision that "All persons born


or naturalized in the United States . . . are citizens of the United
States . . ." completely controls the status of citizenship, and
prevents the cancellation of petitioner's citizenship.

- Requisites show that it must be the citizenship himself


who will ultimately decide whether he will abandon his
citizenship
- State has no power to strip citizenship
- Because of this case, the State Department was forced to
revise its rules regarding citizens committing
expatriating acts

Exceptions:
1. formally renounces U.S. nationality before a consular
officer;
2. serves in the armed forces of a foreign state engaged in
hostilities with the United States;
3. takes a policy level position in a foreign state
4. is convicted of treason

Case 1 - categorical and straight forward renunciation by the


citizen to abandon his citizenship; effects are immediate and
automatic
Case 2, 3, and 4 – will have to “be developed carefully by US
consular officers to ascertain the individual’s intent toward US
nationality.”

RA 9225 and US Citizenship


- Filipinos naturalized as Americans who wish to
reacquire their PH citizenships can do so without
worrying that they might be stripped of US citizenship
- Although oath of allegiance to foreign state is
expatriating, presumption of State Department is that the
person intended to retain US citizenship; need only say
no to the question of consular if he intended to relinquish
US citizenship

- End of Midterms Coverage-

Elaine Mae V. Alagao | XU Law SY 17-18, 1st Semester | Atty. Pamisa P a g e | 15