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Conflict of Law

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Jason Tan

on 8 September 2016

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Transcript of Conflict of Law

Conflict of Laws
Personal Property
Real Property
Tangible Personal Property

Intangible Personal Property
Choses in Possession
Choses in Action
A personal thing of which one has possession.
A thing which cannot be seen, but involves the right of bringing in an action or suit
Successional Rights
Capacity to Succeed
Contracts involving property but do not deal with the title thereto
Contracts where personal property is given as security
Those governed by special rules
When in High Seas Law of the Flag
alienation, mortgage, other contracts
When docked at a Law of the Port
foreign port Law of the Flag
Goods in Transitu
Loss, Destruction, Deterioration Destination

Change of destination New destination

Goods that were never shipped Actual situs

Seizure Place where goods
were seized

Disposition/Alienation Voluntary agreement
Intended by parties
Actual Situs

Intangible Personal Property
Law of the place where the property is located
Laurel v Garcia
In ruling against the application of lex situs, the Supreme Court reiterated the principle that a conflict of law rule does not apply when no such situation exists.

Despite being located in Japanese territory, this property does not follow the law of the forum simply because ownership of the Roppongi property is vested in the Philippines. Title of the property was not in dispute, and since no conflict situation exists, lex situs does not apply; hence, the law of the Philippines shall govern.
Point of Contact
(1) there is dispute over the title or ownership of an immovable, such that the capacity to take and transfer immovable, the formalities of conveyance, the essential validity and effect of the transfer, or the interpretation and effect of 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
(1) Successional Rights

(2) Capacity to Succeed

(3) Contracts which do not delve into the title of the property

(4) Contracts where real property is given as security
Lex Nationalii

Lex Nationalii

Lex loci celebrationis
Lex loci intentionis

Lex loci celebrationis
Lex loci intentionis
Lex situs
Negotiable Instruments
Corporate Shares of Stock
Intellectual Properties
Recovery of Debts
Involuntary Assignment

Voluntary Assignment

Taxation of Debts

Administration of Debts
Law of the place where debtor may be served summons

Lex loci intentionis

Lex domicilii

Lex situs of the debtor's assets
Negotiability or
of the instrument

Validity of transfer,
delivery, or negotiation
of the instrument
Law of the place which gives rise to the right embodied in the instrument

Law of the place where the instrument is at the time of transfer, delivery, or negotiation
Effect of sale on a corporation

Effect of sale between the parties

Taxation of dividends

Taxation of sale of shares
Law of the place of incorporation

Law of the place agreed upon by the parties

Law of the place of incorporation

Law of the place where the sale was consummated
Law of the place granting them
Law of the place
where business is carried on

(Applicable also for taxation)
(1) Stipulations in international treaties
(2) Law of the state granting protection
Extrinsic Validity
Intrinsic Validity
Lex Nationalii
Law of the nationality of the decedent (Article 16, NCC)
Revocation of Wills
Probate of Wills
Wills validly executed abroad may be probated in the Philippines under Philippine laws

Wills already probated abroad may be enforced similarly to the procedure of enforcement of foreign judgment.
Administration of Estates
(1) Lex nationalii
(2) Lex loci celebrationis
(3) Lex domicilii
(4) Philippine Law
I. Filipino makes a will abroad (e.g. France)
(1) Lex nationalii
(2) Lex loci celebrationis
(3) Lex domicilii
(4) Philippine Law
(1) Philippine Law
(2) French Law
(3) Philippine Law
(4) Philippine Law
II. Alien (e.g. American) domiciled in Brunei makes a will abroad (e.g. Japan)
(1) Lex nationalii
(2) Lex loci celebrationis
(3) Lex domicilii
(4) Philippine Law
(1) American Law
(2) Japan Law
(3) Brunei Law
(4) Philippine Law
Exception: Joint Wills
(1) Filipinos cannot execute joint wills, even if it is valid in the place where it is executed. (Article 819, NCC)

(2) Joint wills made by aliens shall be valid in the Philippines if valid when applying conflict rules. However, in joint wills between aliens and Filipinos, it may be valid insofar as the alien is concerned, but void insofar as the Filipino is concerned.

(3) Joint wills executed by aliens in the Philippines is void.
If revocation is done in the Philippines, it must be done in accordance with Philippine Laws, regardless of domicile.

If revocation is done by a testator not domiciled in the Philippines, it must be done in accordance with the law of his domicile or the law of the place where the will was made.
In re Testate of Jose Suntay
Wills probated in a foreign country cannot be admitted in the Philippines where there is no proof that:
Notice or publication was given to interested persons
The foreign court was acting as a probate court
The proceeding was a probate proceeding.
Decedent Residing
in the Philippines
RTC of the province of residence at the time of death
Decedent Residing
RTC where the property is located.

First cognizance excludes all others
(1) Principal Domiciliary Administration
Separate states must institute separate administration proceedings
(2) Ancillary Administration
Distribution of residue governed by laws on succession
Full transcript