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I.

Introduction to Conflict of Laws; Definition; Concept; Framework


a. Foreign Element

II. Laur We see no reason why a conflict of law rule should apply when no
el v. conflict of law situation exists. A conflict of law situation arises only
Garc when: (1) There is a dispute over the title or ownership of an immovable,
ia such that the capacity to take and transfer immovables, the formalities of
(199 conveyance, the essential validity and effect of the transfer, or the
0) interpretation and effect of a conveyance, are to be determined; and (2) A
foreign law on land ownership and its conveyance is asserted to conflict
with a domestic law on the same matters. Hence, the need to determine
which law should apply.

In the instant case, none of the above elements exists.

The issues are not concerned with validity of ownership or title. There is
no question that the property belongs to the Philippines. The issue is the
authority of the respondent officials to validly dispose of property
belonging to the State. And the validity of the procedures adopted to
effect its sale. This is governed by Philippine Law. The rule of lex situs
does not apply.

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