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Chapter I

General Rule: The law of one country has no eect of its own forcebeyond the limits of its sovereignty from which its authority isderived; and that the obligation of every law is conned to thestate in which it is established and can attach only to those who areits citizens and others within its territorial jurisdiction.

hili!!ine laws have no e"traterritorial eect and a!!lication

in another country. #$: %hat the law !rovides with res!ectto its citizens and nationals.

&orrolarily' laws of other states has no a!!lication in our

country.

&($)*+&T () *,%-

or !rivate international law/ that which regulates the

comity of states relating to !rivate !ersons or concerns therights of !ersons within the territory or dominion of one

state or nations' by reason of acts' !rivate or !ublic' donewithin the dominion of another' and which is based on thebroad general !rinci!le that one country will res!ect andgive eect to the laws of another' so far as can be doneconsistently with its own interests.

Treaty 0 1 as!ects: 2/ an international agreement between states;and 1/ munici!al law to be observed by the !eo!le of the state.

(ther Terms 3ened:

)oreign 4lement 0 %hen a factual situation cuts across

territorial lines and is thus aected by the diverse laws of

two or more states. &omity 0 recognition by which one state allows within its

territory the legislative' e"ecutive or judicial acts of anotherstate' having due regard both to international duty andconvenience and to the rights of its own citizens or other!ersons who are under the !rotection of its laws.

*e" -itus where the !ro!erty is located/ 0 ac5uisition'

transfer' devolution of title to real !ro!erty. 4lements:2. 3is!ute over title or ownershi! of the immovable

concerning ca!acity' formalities' elements' eect ofconveyance; and

1. , foreign law is asserted that con6icts the domesticlaw.

*e" )ori law of the forum/ 0 where the case is led' where

the transaction too7 !lace' where the wrong causingdamage8injury occurred.

*e" *oci ,ctus where the act was done/

*e" *oci &elebrationis where the contract was entered into/

*e" *oci &ontractus 0 decides the essential validity of thecontract; system of law to which the transaction has theclosest and most real connection.

*e" *oci 3elictus where the oense or wrong too7 !lace/ *e" *oci 3omicilii law of the !lace of domicile of the !erson/

*e" *oci Rei -itae where the thing is situated/

9ilberg 3octrine 0 forum is not bound by the law of the !laceof injury or death as to the limitation of damages for thewrongful act as this is !rocedural' hence the law of theforum governs the issue.

&enter of Gravity 3octrine8ost -ignicant Relationshi!Theory8Grou!ing of &ontacts 0 a!!lication of the law of thejurisdiction which has the most signicant relationshi! to orcontact with event' !arties to the litigation and issues

therein.

Two Remedies:

2. ,ction led in hili!!ine courts by a citizen or an aggrieved!erson; and

1. Recognition and enforcement of foreign judgment !etitionor com!laint led in the hili!!ines by the !revailing !arty.

Rights ac5uired under a foreign statute are enforceable in

the hili!!ines' in comity' if not against !ublic !olicy. The law of the country where the right was ac5uired or the

liability was incurred will govern the right of action; the lawof the country where the case was led will govern the allthat !ertain to the remedy.

The cause of action is transitory' not local.

3efendant is entitled to benets of whatever

conditions and limitations the foreign law creates. The enforcement of a right which accrued in a foreign

country or the e"ecution of a foreign judgment is ane"traterritorial a!!lication of a foreign law. -uch countrymay e"!ressly or im!liedly consent thereto. #$: 2/countrys !rohibitive laws; and 1/ ublic !olicies !rovideotherwise.

-ources of &on6icts of *aw:2. &onstitution;

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1. *aws enacted by the *egislature;udicial rulings of the -u!reme &ourt;?. Treaties and international conventions;@. )oreign decisions of foreign courtsA; andB. &ommentaries and studies of wellC7nown authorsA.

Anot binding but only !ersuasive eect only/

hili!!ine courts a!!ly hili!!ine laws and juris!rudence;they do not automatically a!!ly foreign laws' and if they do'it is because treaty obligations and comity !rescribe theira!!lication.

)oreign laws are inde!endent of' and are not su!erior than

hili!!ine laws' and they cannot be forced u!on our courts. Recognition of foreign judgment because losing !arty is:

2. &itizen or national of;1. 3omiciled in our country; or

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1. +m!lied consent 0 courts a!!lying the foreign law not anim!eachment of sovereignty because it is a voluntary act/

Characterization classication' 5ualication/ 0 !rocess ofdetermining the nature of the !roblem; 2/ analyze facts; 1/determine cause of action;

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AAA%hen hili!!ine law is silent' the court is not justied ine"tending the a!!lication of the foreign law to our jurisdiction. Todo so would incor!orate foreign law into our statutes. No )orei*n"a+ !a# inter)ere +ith the operation an, app"ication o)Phi"ippine "a+'-

XPN:

2. The legislature has given its consent to the e"tension of

s!ecic foreign law to the hili!!ines.1. %hen the &ongress enacts a law or co!ying a s!ecic

foreign statute in construing the statute' the court shouldconsider the construction of the courts from the country inwhich it was ta7en.

urisdiction cannot be e5uated to venue 0 because the latter can be"ed by the agreement of the !arties' and may be waived by them.

.or$! Se"ection C"a$'e CC sti!ulation e"cluding other state or

country as the !lace or venue of the suit

C ay be sustained unless the choice of venue isunreasonable the burden of showing unreasonableness isu!on the defendant/

Rules: IN THE ABSENCE O. A LAW CHOSEN BY THE PARTIES

2. *ocal law which has the most signicant relationshi! to thetransaction and to the !arties

1. &ontacts to be ta7en in to account:a. lace of contracting;b. lace of negotiation;

c. lace of !erformance;d. *ocation of the subject matter of the contracte. 3omicile' residence' nationality' !lace of

incor!oration' !lace of business of the !arties