conflict of laws_study guide

8/6/2019 Conflict of Laws_Study Guide

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Conflicts of law - Part of international law which deals with legal problems involving foreign elementconcerning the conflict in the application of local and foreign laws, raised in a proper forum.

That part of municipal law of a state which directs its courts and administrative agencies, when confrontedwith a legal problem involving a foreign element, whether or not they should apply a foreign law/s (Paras).

Elements

I. Legal problem involving foreign element

--If 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 twoor more states -- Saudia vs Morada

1. One or both litigant is alien

2. Cause of action arises in foreign state

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

II. Assumption of the proper forumCases involving COL, forum may:

1. Refuse - apply forum non conviniens, no COL2. Assume- forum may apply the following:

a. local law -- lex forib. Foreign law - lex causaec -- apply both -- Cadalin vs POEA

III. Conflict between local and foreign law

- if there is no conflict between the two, there is nothing to resolve.- court can apply foreign law if properly pleaded and proved, application discretionary to

the court.

IV. Choice of law to be applied-Which law applies? - depends 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 - to enable the forum to select the proper law.

SOURCES of COLDirect sources

Art. 14, 15, 16, 1039, 1183, 1347 at marami paArticle 26 of Family CodeSection 129 of Corporation Code

Treaties - Hague convention, Warsaw, COGSAJurisprudenceInternational CustomGeneral Principles of law

lex loci celebrationisLEx loci actusLEx rei sitae/lex situslex loci delictuslex loci contractuslex domicilliprinciple of territorialityKilberg doctrine

Indirect sources

foreign jurisprudencejournal of renowned legal writers.

OPTION OF FORUM IN CASE OF COL

1. Refuse - to do so would provide inconvenience to the forum- if the only link is one of the respondent is a Filipino Citizen - MHC vs NLRC- not all cases involving Filipino can be tried in local forum.

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2. Assume jurisdiction - exercise of Sovereign Prerogative, if the court has jurisdiction of over the:a. resb. Subject matterc. person

- 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 facts3. The Philippine court has likely to have the power to enforce the decision - MHC vs. NLRC

COURT MAY APPLY1. Local law - aznar vs. GARcia2. Foreign law - Bellis vs BEllis3. Apply both - Cadalin vs .POEA

CHOICE OF LAW

-depends on the factual situation - different case, different application of law.- there is no hard rule in the application of law.- Foreign law has no extra-territorial effect- General Rule

there is an exception

1. JUSTIFICATION OF APPLICATION OF LOCAL LAWSa. matter involving procedural law - apply law of the forum -based on lex forib. if foreign law is contrary to public policy of the forumc. If application of foreign law or local law which give rights to the foreigner would result injustice

to our national - salvacion vs BCPd. When court accept the renvoir - aznar vs garciae. when most of the factual situation referes to phil jurisdiction- saudia vs morada.

JUSTIFICATION OF APPLYING FOREIGN LAWS1. When cause of action arises in foreign land.2. If local law so provides - article 16, Bellis vs Bellis - lex domicilli

3. Principle of Comity

Note - 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

DISTINGUISHED FROM PUBLIC INTERNATIONAL LAW

BASIS CONFLICT OF LAW LAW OF NATIONS1 Nature Municipal in character International in character2 Persons involved Dealt with by private individuals;

governs individuals in their private

transactions which involve a foreignelement

Sovereign states and other entitiespossessing international personality,

e.g., UN; governs states in theirrelationships amongst themselves

3 Transactionsinvolved

Private transactions between privateindividuals

Generally affected by public interest;those in general are of interest only tosovereign states

4 Remedies andSanctions

Resort to municipal tribunals May be peaceful or forciblePeaceful: includes diplomaticnegotiation, tender & exercise of goodoffices, mediation, inquiry &conciliation, arbitration, judicialsettlement by ICJ, reference to regionalagenciesForcible: includes severance ofdiplomatic relations, retorsions,reprisals, embargo, boycott, non-

intercourse, pacific blockades,collective measures under the UNCharter, and war.

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TERMS:

LEX DOMICILII - law of the domicile; in conflicts, the law of one's domicile applied in the choice of lawquestions

LEX FORI - law of the forum; that is, the positive law of the state, country or jurisdiction of whose judicialsystem of the court where the suit is brought or remedy is sought is an integral part. Substantive rights aredetermined by the law where the action arose (lex loci) while the procedural rights are governed by thelaw of the place of the forum ( lex fori)

LEXLOCI - law of the place

LEX LOCI CONTRACTUS - the law of the place where the contract was made or law of the place where thecontract is to be governed (place of performance) which may or may not be the same as that of the placewhere it was made

LEX LOCI REI SITAE - law of the place where the thing or subject matter is situated; the title to realty orquestion of real estate law can be affected only by the law of the place where it is situated

LEXSITUS- law of the place where property is situated; the general rule is that lands and other immovablesare governed by the law of the state where they are situated

LEXLOCI ACTUS

- law of the place where the act was done

LEXLOCI CELEBRATIONIS - law of the place where the contract is made

LEX LOCI SOLUTIONIS - law of the place of solution; the law of the place where payment or performance of acontract is to be made

LEXLOCI DELICTI COMMISSI - law of the place where the crime took place

LEX MEREATORIA - law merchant; commercial law; that system of laws which is adopted by all commercialnations and constitute as part of the law of the land; part of common law

LEXNON SCRIPTA - the unwritten common law, which includes general and particular customs and particularlocal laws

LEXPATRIAE - national law

RENVOI DOCTRINE - doctrine whereby a jural matter is presented which the conflict of laws rules of the forumrefer to a foreign law which in turn, refers the matter back to the law of the forum or a third state. Whenreference is made back to the law of the forum, this is said to be "remission" while reference to a thirdstate is called "transmission."

NATIONALITY THEORY-by virtue of which the status and capacity of an individual are generally governed bythe law of his nationality. This is principally adopted in the RP

DOMICILIARY THEORY - in general, the status, condition, rights, obligations, & capacity of a person should begoverned by the law of his domicile.

LONG ARM STATUTES - Statutes allowing the courts to exercise jurisdiction when there are minimum contactsbetween the non-resident defendant and the forum.

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WAYS OF DEALING WITH A CONFLICTS PROBLEM:

1. Dismiss the case for lack of jurisdiction, or on the ground of forum non-conveniens

DOCTRINE OF FORUM NON CONVENIENS - the forum is inconvenient; the ends of justice would bebest served by trial in another forum; the controversy may be more suitably tried elsewhere

2. Assume jurisdiction and apply either the law of the forum or of another state

a. APPLY INTERNAL LAW - forum law should be applied whenever there is good reason to do so;there is a good reason when any one of the following factors is present:

i. A specific law of the forum decrees that internal law should apply

Examples:

Article. 16 of the Civil Code - real and personal property subject to the law of

the country where they are situated and testamentary succession governed by lexnationalii

Article 829 of the Civil Code - makes revocation done outside Philippines validaccording to law of the place where will was made or lex domicilii

Article 819 of the Civil Code - prohibits Filipinos from making joint wills even ifvalid in foreign country

ii. The proper foreign law was not properly pleaded and proved

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NOTICE AND PROOF OF FOREIGN LAW

As a general rule, courts do not take judicial notice of foreign laws; Foreign lawsmust be pleaded and proved

Effect of failure to plead and prove foreign law (3 alternatives) of the forumcourt:

(a) Dismiss the case for inability to establish cause of action(b) Assume that the foreign law of the same as the law of the forum(c) Apply the law of the forum

iii. The case falls under any of the exceptions to the application of foreign law

Exceptions to application of foreign law:(a) The foreign law is contrary to the public policy of the forum(b) The foreign law is procedural in nature(c) The case involves issues related to property, real or personal (lex situs)(d) The issue involved in the enforcement of foreign claim is fiscal or administrative

(e) The foreign law or judgment is contrary to good morals (contra bonos mores)(f) The foreign law is penal in character(g) When application of the foreign law may work undeniable injustice to thecitizens of the forum(h) When application of the foreign law might endanger the vital interest of thestate

b. APPLY FOREIGN LAW - when properly pleaded and proved

THEORIES WHY FOREIGN LAW SHOULD BE GIVEN EFFECT

1. Theory of Comity foreign law is applied because of its convenience & because we want to giveprotection to our citizens, residents, & transients in our land

2. Theory of Vested Rights we seek to enforce not foreign law itself but the rights that have beenvested under such foreign law; an act done in another state may give rise to the existence of a right ifthe laws of that state crated such right.

3. Theory of Local Law- adherents of this school of thought believe that we apply foreign law notbecause it is foreign, but because our laws, by applying similar rules, require us to do so; hence, it isas if the foreign law has become part & parcel of our local law

4. Theory of Harmony of Laws theorists here insist that in many cases we have to apply the foreignlaws so that wherever a case is decided, that is, irrespective of the forum, the solution should beapproximately the same; thus, identical or similar solutions anywhere & everywhere. When the goal isrealized, there will be harmony of laws

5. Theory of Justice the purpose of all laws, including Conflict of Laws, is the dispensing of justice; ifthis can be attained in may cases applying the proper foreign law, we must do so

RULESON STATUSIN GENERAL

FACTUAL SITUATION POINT OF CONTACTBeginning of personality of natural person National law of the child (Article 15, CC)

2 Ways & effects of emancipation Same3 Age of majority Same4 Use of names and surnames Same5 Use of titles of nobility Same6 Absence Same

7 Presumptive death & survivorship Lex fori (Article 43, 390, 391, CC; Rule 131 5 [jj],Rules of Court)

RULESON MARRIAGEASA CONTRACT

FACTUAL SITUATION POINT OF CONTACT

Celeb

rated

Abroad Between Filipinos Lex loci celebrationis is without prejudice to the

exceptions under Articles 25, 35 (1, 4, 5 & 6), 36,37 & 38 of the Family Code (bigamous &incestuous marriages) & consular marriages

Between Foreigners Lex loci celebrationisEXCEPTif the marriage is:

a. Highly immoral (like bigamous/polygamous marriages)b. Universally considered incestuous(between brother-sister, and ascendants-descendants)

Mixed Apply 1 (b) to uphold validity of marriage

Between Foreigners National law (Article 21, FC) PROVIDED themarriage is not highly immoral or universallyconsidered incestuous)

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Celebrated

in

RP

Mixed National law of Filipino (otherwise public policymay be militated against)

Marriage by proxy (NOTE: a marriage by proxy is

considered celebrated where the proxy appears

Lex loci celebrationis (with prejudice to the

foregoing rules)

RULESON MARRIAGEASA STATUSFACTUAL SITUATION POINT OF CONTACT

1 Personal rights & obligations between husband &wife

National of husband(Note: Effect of subsequent change ofnationality:

a. If both will have a new nationality thenew oneb. If only one will change the lastcommon nationalityc. If no common nationality nationality ofhusband at the time of wedding)

2 Property relations bet husband & wife National law of husband without prejudice towhat the CC provides concerning REAL propertylocated in the RP (Article 80) (NOTE: Change ofnationality has NO EFFECT. This is theDOCTRINE OF IMMUTABILITY IN THEMATRIMONIAL PROPERTY REGIME)

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RULESON PROPERTYFACTUAL SITUATION POINT OF CONTACTREAL PROPERTY Lex rei sitae (Article 16, CC)

Exceptions Successional rights National law of decedent (Article 16 par. 2, CC)

Capacity to succeed National law of decedent (Article. 1039)

Contracts involving real property which do not

deal with the title thereto

The law intended will be the proper law of the

contract (lex loci voluntantis or lex lociintentionis)

Contracts where the real property is given assecurity

The principal contract (usually loan) is governedby the proper law oft the contract (lex locivoluntatis or lex loci intentionis)NOTE: the mortgage itself is governed by lex reisitae. There is a possibility that the principalcontract is valid but the mortgage is void; or itmay be the other way around. If the principalcontract is void, the mortgage will also be void(for lack of proper cause or consideration),although by itself, the mortgage could have beenvalid.

TANGIBLE PERSONAL PROPERTY (CHOSES IN POSSESSION)1 IN GENERAL Lex rei sitae (Article. 16, CC)

Exceptions: same as those for real property EXCEPTION: same as those for real propertyEXCEPT that in the example concerningmortgage, the same must be changed to pledgeof personal property)

2 MEANSOF TRANSPORTATION

Vessels Law of the flag (or in some cases, place of registry)

Other means Law of the depot (storage place for supplies orresting place)

3 THINGS IN TRANSITU (THESETHINGS HAVE A CHANGING STATUSBECAUSETHEYMOVE)

Loss, destruction, deterioration Law of the destination (Article. 1753, CC)

Validity & effect of the seizure of the goods Locus regit actum (where seized) because saidplace is their temporary situs

Disposition or alienage of the goods Lex loci volutantis or lex loci intentionis because here there is a contract

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FACTUAL SITUATION POINT OF CONTACTINTANGIBLE PERSONAL PROPERTY (CHOSES INACTION)1 Recovery of debts or involuntary assignment of

debts (garnishment)Where debtor may be effectively served withsummons (usually the domicile)

2 Voluntary assignment of debts Lex loci voluntatis or lex loci intentionis (properlaw of the contract)

OTHER THEORIES:a. National law of the debtor or creditorb. Domicile of the debtor or creditorc. Lex loci celebrationisd. Lex loci solutionis

3 Taxation of debts Domicile of creditor4 Administration of debts Lex situs of assets of the debtor (for these assets

can be held liable for the debts)5 Negotiability or non-negotiability of an

instrument The right embodied in the instrument (forexample, in the case of a Swedish bill ofexchange, Swedish law determines itsnegotiability)

6 Validity of transfer, delivery or negotiation of theinstrument

In general, situs of the instrument at the time oftransfer, delivery or negotiation

7 Effect on a corporation of the sale of corporate

shares

Law of the place incorporation

8 Effect between the parties of the sale of corporate shares

Lex loci voluntatis or lex loci intentionis (properlaw of the contract) for this is really a contract;usually this is the place where the certificate isdelivered)

9 Taxation on the dividends of corporate shares Law of the place of incorporation10 Taxation on the income from the sale of

corporate sharesLaw of the place where the sale wasconsummated

11 Franchises Law of the place that granted them12 Goodwill of the business & taxation thereto Law of the place where the business is carried on

13 Patents, copyrights, trademarks, trade names In the absence of a treaty, they are protectedonly by the state that granted themNOTE: foreigners may sue for infringement oftrademarks and trade names in the RP ONLY IFFilipinos are granted reciprocal concessions inthe state of the foreigners

Wills, Succession & Administration of Conflict RulesFACTUAL SITUATION POINT OF CONTACTEXTRINSIC VALIDITYOF WILLS1 Made by an alien abroad Lex nationalii OR lex domicilii OR RP law (Article

816, CC), OR lex loci celebrationis (Article 17(1))2 Made by a Filipino abroad Lex nationalii OR lex loci celebrationis (Article

815)3 Made by an alien in the RP Lex nationalii OR lex loci celebrationis (Article

817)

FACTUAL SITUATION POINT OF CONTACT

EXTRINSIC VALIDITYOF JOINT WILLS (MADEINTHESAMEINSTRUMENT)1 Made by Filipinos abroad Lex nationalii (void, even if valid where made)

(Article 819)2 Made by aliens abroad Valid if valid according to lex domicilii or lex loci

celebrationis (Article 819)3 Made by aliens in the RP Lex loci celebrationis therefore void even if

apparently allowed by Article 817 because theprohibition on joint wills is a clear expression ofpublic policy

INTRINSIC VALIDITYOF WILLS Lex nationalii of the deceased regardless of theLOCATION & NATURE of the property (Article 16(2))

CAPACITYTO SUCCEED Lex nationalii of the deceased not of the heir(Article 1039)

REVOCATIONOF WILLS1 If done in the RP Lex loci actus (of the revocation) (Article. 829)

2 If done OUTSIDE the RP

a. By a NON-DOMICILIARY Lex loci celebrationis (of the making of the will,NOT revocation), OR lex domicilii (Article 829)

b. By a DOMICILIARY of the RP Lex domicilii (RP law) OR lex loci actus (of therevocation) (Article 17)

PROBATEOF WILLS MADE ABROAD

1 If not yet probated abroad Lex fori of the RP applies as to the proceduralaspects, i.e., the will must be fully probated here& due execution must be shown

2 If already probated abroad Lex fori of the RP again applies as to theprocedural aspects; must also be probated here,

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but instead of proving due execution, generally itis enough to ask for the enforcement here of theforeign judgment on the probate abroad

EXECUTORSAND ADMINISTRATORS1 Where appointed Place where domiciled at death or incase of non-

domiciliary, where assets are found

2 Powers Co-extensive with the qualifying of theappointing court powers may only be exercised

within the territorial jurisdiction of the courtconcernedNOTE: these rules also apply to principal,domiciliary, or ancillary administrators &receivers even in non-successive cases

RULESON OBLIGATIONAND CONTRACTSFACTUAL SITUATION POINT OF CONTACTFORMALOR EXTRINSIC VALIDITY Lex loci celebrationis (Article 17 {1})

Exceptions

a. Alienation & encumbrance of property Lex situs (Article 16 [1])

b. Consular contracts Law of the RP (if made in RP consulates)CAPACITYOF CONTRACTING PARTIES National law (Article 15) without prejudice to the

case of Insular Government v Frank 13 P 236,

where the SC adhered to the theory of lex locicelebrationis

Exception

Alienation & encumbrance of property Lex situs (Article 16 {1})INTRINSICVALIDITY (INCLUDING INTERPRETATIONOFTHE INSTRUMENTS, ANDAMT. OFDAMAGESFORBREACH)

Proper law of the contract lex contractus (in thebroad sense), meaning the lex voluntatis or lexloci intentionis

OTHER THEORIESARE:

a. Lex loci celebrationis (defect: this makes possible the evasion of the national law)

b. Lex nationalii (defect: this may impede commercial transactions)

c. Lex loci solutionis (law of the place of performance) (defect: there may be several places ofperformance

d. Prof Minors solution:i. Perfection lex loci celebrationis

ii. Cause or consideration lex loci considerations

iii. Performance lex loci solutionis (defect: this theory combines the defect of the others)

RULESON TORTSFACTUAL SITUATION POINT OF CONTACTLiability & damages for torts in general

NOTE: The locus delicti (place of commission oftorts) is faced by the problem of characterization.In civil law countries, the locus delicti is generallywhere the act began; in common law countries, it iswhere the act first became effective

Lex loci delicti (law of the place where the delictwas committed)

NOTE: liability for foreign torts may be enforced inthe RP if:

a. The tort is not penal in characterb. If the enforcement of the tortious liabilitywont contravene our public policyc. If our judicial machinery is adequate forsuch enforcement

RULESON CRIMESFACTUAL SITUATION POINT OF CONTACTESSENTIALELEMENTSOFACRIMEANDPENALTIES Generallywhere committed (locus regit actum)

THEORIESASTOWHATCOURTHASJURISDICTION:a. Territoriality theory where the crime was committedb. Nationality theory country which the criminal is citizen or a subjectc. Real theory any state whose penal code has been violated has jurisdiction, where the crime wascommitted inside or outside its territoryd. Protective theory any state whose national interests may be jeopardized has jurisdiction so thatit may protect itselfe. Cosmopolitan or universality theory state where the criminal is found or which has his custodyhas jurisdictionf. Passive personality theory the state of which the victim is a citizen or subject has jurisdiction

NOTE: In the RP, we follow the territoriality theory in general; exception: Article 2, RPC, stresses theprotective theory

THELOCUSDELICTIOFCERTAINCRIMES1 Frustrated an consummated, homicide, murder,

infanticide & parricideWhere the victim was injured (not where theaggressor wielded his weapon)

2 Attempted homicide, etc. Where the intended victim was (not where theaggressor was situated) so long as the weaponor the bullet either touched him or fell inside theterritory where he was

3 Bigamy Where the illegal marriage was performed

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4 Theft & robbery Where the property was unlawfully taken fromthe victim (not the place to which the criminalwent after the commission of the crime)

5 Estafa or swindling thru false representation Where the object of the crime was received (notwhere the false representations were made)

6 Conspiracy to commit treason, rebellion, orseditionNOTE: Other conspiracies are NOT penalized by

our laws

Where the conspiracy was formed (not where theovert act of treason, rebellion or sedition wascommitted)

7 Libel Where published or circulated8 Continuing crime Any place where the offense begins, exists or

continues9 Complex crime Any place where any of the essential elements of

the crime took place

Rules on Juridical PersonsFACTUAL SITUATION POINT OF CONTACTCORPORATIONS

Powers and liabilities General rule: the law of the place of incorporationEXCEPTIONS:

a. For constitutional purposes even ofthe corporation was incorporated in the RP,it is nor deemed a Filipino corporation &

therefore cant acquire land, exploit ournatural resources, 7 operate public utilitiesunless 60% of capital if Filipino ownedb. For wartime purposes we pierce thecorporation veil & go to the nationality ofthe controlling stockholders to determine ifthe corporation is an enemy (CONTROLTEST)

Formation of the corporation (requisites); kind ofstocks, transfer of stocks to bind thecorporation, issuance, amount & legality &dividends, powers & duties of members,stockholders and officers

Law of the place of incorporation

Validity of corporate acts & contracts (includingultra vires acts)

Law of the place of incorporation & law of theplace of performance (the act or contract mustbe authorized by BOTH laws)

Right to sue & amenability to court processes &suits against it

Lex fori

Manner & effect of dissolution Law of the place of incorporation provided thatthe public policy of the forum is not militatedagainst

Domicile If not fixed by the law creating or recognizingthe corporation or by any other provision thedomicile is where it is legal representation isestablished or where it exercises its principalfunctions (Article. 15)

Receivers (appointment & powers) Principal receiver is appointed by the courts of the state of incorporation; ancillary receivers, bythe courts of any state where the corporationhas assets (authority is CO-EXTENSIVE) w/ theauthority of the appointing court

NOTE: Theories on the personal and/or governing law of corporations:

a. Law of the place of incorporation (this is generally the RP rule)b. Law of the place or center of management (center for administration or siege social) (center officeprinciple)

c. Law of the place of exploitation (exploitation centre or siege d exploitation)PARTNERSHIPS

The existence or non-existence of legalpersonality of the firm; the capacity to contract;liability of the firm & the partners to 3rd persons

The personal law of the partnership, i.e., the lawof the place where it was created (Article 15 ofthe Code of Commerce) (Subject to theexceptions given above as in the case of corps.)

Creation of branches in the RP; validity & effectof the branches commercial transaction; & thejurisdiction of the court

RP law (law of the place where branches werecreated) (Article 15, Code of Commerce)

Dissolution, winding up, & termination ofbranches in the RP

RP law (Article 15, Code of Commerce)

Domicile If not fixed by the law creating or recognizingthe partnership or by any other provision the

domicile is where it is legal representation isestablished or where it exercises its principalfunctions (Article. 15)

Receivers RP law insofar as the assets in the RP areconcerned can be exercised as such only in theRP

FOUNDATIONS (COMBINATION OF CAPITAL INDEPENDENT OF INDIVIDUALS,USUALLYNOTFORPROFIT)

Personal law of the foundation (place of principalcenter of administration)

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1. CASES

1. CADALIN VS POEA - 12-5-94 - court of forum will not enforce any foreign claim obnoxious to thepublic policy of the forum.-- foreign procedural law is inapplicable in the forum. Procedural matter are governed by the lawof the forum even if the action is based on foreign law.

2. HSBC VS SHERMAN - an agreement to sue and be sued is a specific court does not preclude the

filing of suit in the residence of plaintiff or defendant - renuncio non prasunitur

3. SALVACION VS BVP - When the local law gives protection to the foreigner with prejudice againsta national, interpretation should be in favor of the national.

4. LAUREL VS GARCIA - lex situs is applicable only in a dispute over the title of an immovable suchthat capacity to take and transfer, or the interpretation and effect of conveyance and theessential validity of transfer not when the issue is tether authority of the government to sue theimmovable is in question.

5. AZNAR VS GARCIA - Renvoi - when the nationality of the deceased (foreigner) states that thelaw of the domicile (Phil) should govern, then the successional rights of the heir is govern by thePhil law.

6. SAUDI ARABIAN AIRLINE VS CA 10-8-98 - when the factual situation of the case has significant

relation to the place of the forum, and the defendant is a foreign corporation engaged in doing inbusiness in the Phil and the plaintiff is a resident therein, the court can acquire jurisdiction overthe case.

8. PAKISTAN VS OPLE - if respondent did not present evidence of foreign law, it is presumed thatthe foreign law is the same as the law of the forum.- stipulation of the parties does not deprive the forum of its jurisdiction

REBUS SiC INSTANTIBUS - opposite of pacta sunt servanda - justify the non performance of thetreaty - requires political act

9. BANCO DE BRAZIL VS CA 6-16-00 - an action for damages iis an action in personam.

- summon by publication or service of summon to the ambassador of Brazil does not acquirejurisdiction to the petitioner.

non-resident corporation - cannot acquire jurisdiction in personal action

10. MHC vs NLRC 10-13-00 - if the only link it has with the case is that the respondent is a FilipinoResident, case cannot be tried.

- if case involve purely foreign element - court ca refuse to assume jurisdiction - forum nonconviniens

Court can assume if the ff requirements are present1. Phil court is one the which the parties may conveniently resolve;2. The Phil court is in the position to make an intelligent decision as to the law and fact.3. The Phil court has likely to enforce the decision.

OTHER CASES2. Phil aluminium vs RTC of Pasig - 10-12-00 GRN 1373783. Nagarmull vs binalbagan GRN L-22478, 5-28/78

4. NW Orient airline vs Ca - GRN 112573, 2-9-955. Perkins vs Dizon6. Boudard vs Tait7. Perkins vs Benguet Consolidated Mining8. Philsec vs Ca9. Inghenoil vs Walter and olsen GRN 22288 1-12-2510. Asiavest vs CA 110263 7-20-01

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