Conflicts of Law

Conflicts of law - is that part of international law which deals with legal problems involving foreign element concerning the conflict in the application of local and foreign laws, raised in a proper forum.

Conflicts of law is that part of municipal law of a state which directs its courts and administrative agencies, when confronted with a legal problem involving a foreign element, whether or not they should apply a foreign law(s) [Paras].

Elements of Conflicts of Law

I. Legal problem involving foreign element—

When there is no foreign element, there is no conflict of law.

Foreign elements is a factual situation that cut across territorial lines and affected by diverse laws of two or more states [Saudia vs Morada]

            1. When one or both litigant is an alien

            2. When the cause of action arises in a foreign state

                        - location of the res
                        - place of celebration
                        - place of the act
                        - place of the crime

II. Assumption of the proper forum

            In cases involving Conflict of Laws, forum may:

                        1. Refuse - apply forum non conviniens, no Conflict of Laws
                        2. Assume- forum may apply the following:
                                    a. Local law -- lex fori principle
                                    b. Foreign law - lex causae
                                    c. Apply both laws -- [Cadalin vs. POEA]

III. Conflict between local and foreign law

            When there is no conflict between the two laws, there is nothing to resolve.

            The court can apply foreign law if properly pleaded and proved.  

            The application is discretionary to the court.

IV. Choice of law to be applied

            Which law applies?  It would depend on the factual situation and connection of the foreign element, apply characterization process of determining under what category a certain set of facts or rules falls.
            Purpose: The purpose is to enable the forum to select the proper law.


SOURCES of Conflict of Laws

Direct sources

            Art. 14, 15, 16, 1039, 1183, 1347 of the New Civil Code
            Article 26 of The Family Code
            Section 129 of Corporation Code
            Treaties:  Such as The Hague convention, Warsaw, COGSA
            Jurisprudence
            International Custom
            General Principles of law
                        Lex loci celebrationis
                        Lex loci actus
                        Lex rei sitae / Lex situs
                        Lex loci delictus
                        Lex loci contractus
                        Lex domicilli
                        Principle of territoriality
                        Kilberg doctrine
           

Indirect sources

                        Foreign jurisprudence

                        Journal of renowned legal writers.


Option of Forum in cases of Conflict of Laws

1. Refuse 

            - the forum may refuse, otherwise, doing so would provide inconvenience to the forum
            - if the only link is one of the respondent is a Filipino Citizen [MHC vs NLRC], 

            - however, not all cases involving Filipino can be tried in local forum

2. Assume jurisdiction

            - in the exercise of Sovereign Prerogative, if the court has jurisdiction over the:
            a. Res
            b. Subject matter
            c. Person
                        The court has discretion to proceed on the case.

Requisite of Assumption of Jurisdiction

1.  The Philippine court is one to which the parties may conveniently resolve;
2.  That the Philippine court is in the position to make an intelligent decision as to the laws and facts;

3. The Philippine court have the power to enforce the decision [MHC vs. NLRC]


The Court may apply

            1. Local law: see [Aznar vs. Garcia]
            2. Foreign law: see [Bellis vs. Bellis]
            3. Apply both: see [Cadalin vs .POEA]


Choice of Law

The choice of which law to apply would: depend on the factual situation (different case, different application of law); there is no hard rule in the application of law; 

The general rule is: Foreign laws has no extra-territorial effect.

Exception to the general rule:

1. Justification of application of local laws:
            a. In matters involving procedural law, apply law of the forum based on lex fori principle;
            b. If foreign law is contrary to public policy of the forum;
            c. If application of foreign law or local law which give rights to the foreigner would result injustice to our national interests [Salvacion vs BCP]
            d. When court accept the renvoir [Aznar vs Garcia]
            e. When most of the factual situation refers to Philippine jurisdiction [Saudia vs Morada]

Justification of the Application of Foreign Laws

            1. When the cause of action arises in a foreign land;
            2. If the local law so provides - Article 16, [Bellis vs Bellis], lex domicilli principle
            3. Principle of Comity

• Foreign law should be pleaded and proved , if not , presumed to be the same with the local law. - [Doctrine of Processual Presumption]

            4. If There Is A Treaty, [Warsaw, Santos vs. Northwest Orient Airline]