CONFLICT OF LAWS
I. MCQs: Choose the correct answer among the given choices.
1. Lex loci delicticommissi rule means that ________________________.
a. It is the law of the place where the offense took place.
b. It is the law of the forum.
c. Both a and b.
d. None of the above.
2. A conflicts case exists in the following instances except:
a. The foreign element exists when one of the parties to a contract is an alien.
b. The foreign element exists when one of the parties to a contract has a foreign domicile.
c. A contract between nationals of one State involves properties situated in another state.
d. A party to the contract is stateless.
3. Family rights and duties are those which arise from family relations, and include the following except:
a. Parent and child
b. Among ascendants and their descendants
c. Among brothers in law and sisters in law
d. Husband and wife
4. In Chicago, Frank, 16 years of age, entered into an employment contract as stenographer with the Philippine
Government. The contract is to be performed in the Philippines. However, upon arrival in the Philippines, Frank left
the government service. The government thus sued him for the breach. Is Frank liable?
a. Yes, he is liable following lex loci celebrationis.
b. No, he is not liable following lex loci celebrationis.
c. Yes, he is liable following the nationality rule.
d. No, he is not liable following Art. 17 of the New Civil Code.
5. Are the contracting parties free to stipulate as to the applicable foreign law to govern their dispute arising from
the contract?
a. Yes, absolute rule.
b. Yes, subject to certain exceptions.
c. No, because it is contrary to public policy.
d. No, because it is contrary to the generally accepted principles of international law.
6. If there is no agreement as to the applicable law governing a certain contract, what law should be applied?
a. Law of the Forum
b. Law of the State of the Most Significant Relationship
c. Law of the Place where the act is done.
d. None of the above.
7. A foreign judgment when given the same effect that it has in the state where it was rendered with respect to the
parties, subject matter of the action and the issues involved and is being presented as a defense to the claim of the
plaintiff is regarded as:
a. An Enforcement of the foreign judgment.
b. An Application of the foreign judgment.
c. A Recognition of the foreign judgment.
d. A Promulgation of the foreign judgment.
8. An unwritten law involved in a laws case shall be proved by:
a. Affidavit executed by an officer having custody of such law.
b. Applying such law in a given case.
c. Oral testimony of experts or writings of Jurists
d. Producing of a copy of the law in question.
9. Formal aspect of marriage is governed by the
a. Nationality principle
b. Domiciliary principle
c. Lex loci celebrationis
d. Law agreed by the parties
10. The principle which states that original personal law of the parties at the time of marriage continues to govern all
property including subsequently acquired property, regardless of a later change in domicile or nationality is called:
a. Doctrine of Nationality or Domiciliary
b. Theory of Property Incorporation
c. Doctrine of Immutability
d. Theory of Vested Rights
11. The Doctrine of Effective nationality in determining the citizenship of a person is based on:
a. The citizenship of his parents
b. Any one of his dual citizenship by the state which claim that he/she is its citizen
c. State of his domicile
d. His actual residence by a third state
12. Which of the following factors may the Court apply in order to favor retention of the case within their jurisdiction
where the Principle of Forum Non Conveniens is invoked?
a. when there is an existence of a more appropriate forum available to both the
plaintiff and the defendant.
b. When the preference granted to the non-resident litigants as to the place of commencement of action
results in Forum Shopping.
c. When the privilege given to the plaintiff in choosing the place of action is absolute and should not be
distributed.
d. When the defendant cannot be subjected to the jurisdiction in the other states.
13. Laws relating to status, capacity, and condition of a person are binding upon citizens of the Philippines:
a. When they are in the Philippines.
b. Whenever they may be in the Philippines or abroad
c. Whenever they are in the Philippine embassies abroad by reason of the principle of extra- territoriality.
d. While in the Philippines, when their parents are Filipino citizens even though born in the United States.
14. A decedent who was a national and domiciliary of Texas, United States at the time of his death executed (2)
two wills, one to govern his Texas estate and the other his Philippines estate, which provided that his properties be
distributed in accordance with the Philippine law and not his national law. Is the second will invalid?
a. No, because the decedent is a resident and a domicile of Texas.
b. Yes, because the Philippine law provides that the estate of the decedent found in the Philippines should
be governed by lex loci rei si tae.
c. No, because the will must be first probated in the Philippines before it will be given effect.
d. No, because the Philippine law prohibits the testator to make two separate wills.
15. A and B both Filipinos are first cousins. They got married in Timbuktu where marriage between ascendants or
descendants of any degree is allowed. Under the rule of le locicelebrationis, is the marriage contracted by A and B
valid?
a. Yes, because marriages abroad which are valid in the country where the marriage is celebrated are valid
in the Philippines.
b. No, because it is an exception to the general rule.
c. No, because they both Filipinos.
d. Yes, because the law allows the parties to contract marriage in another country.
16. Ms. D, a national of Denmark, executes a deed of sale in Switzerland under which she sells a parcel of land in
Baguio which she inherited from her Filipina mother C. What law shall govern the extrinsic validity of the deed of
sale?
a. The Law of Denmark
b. The Law of Switzerland
c. The Law of the Philippines
d. None of the above
17. A Filipino land owner subsequently became naturalized in the United States, as an American citizen. His
children were born in the United States and are therefore American citizens under the principle of jus soli. If he dies
intestate, his American children:
a. Cannot lawfully inherit the land because Aliens are prohibited under the constitution to acquire lands in
the Philippines.
b. Cannot lawfully inherit the land because such land must have been disposed of through the execution of
a will.
c. Can lawfully inherit the land because the hereditary succession under the constitution refers to the
intestate succession.
d. Can lawfully inherit the land because they are not considered American citizens.
18. The deceased James was a California citizen who had resided in the Philippines for a long time prior to his
death; hence, a domiciliary of the Philippines. In his will, he left almost his entire estate to Bimby, an acknowledge
natural child in California, and gave a small legacy to Josh, an acknowledge natural child in the Philippines. Under
California internal law, its deceased citizen may dispose of his estate by will in any manner he pleases. However,
California law also provides that where its deceased citizen resides in another country, the law of his domicile
should determine his succession. Thus, while Bimby contented that the will of the deceased should be given effect,
following California internal law, Josh insisted that Philippine law, the law of the domicile of the deceased, should
be applied, under which he is a forced heir and is entitled to legitime. Which of the following statements is correct?
a. The court should refer the matter to California law.
b. Bimby is correct, the will of the deceased should be given effect.
c. The court should apply Philippine law as directed by the conflicts rules of California.
d. Josh should not be given a legitime.
19. Maria and Pedro were married in the Philippines in 1990. One year after the marriage, Pedro and Maria decidd
to separate from each other due to irreconcilable differences. Later, Pedro and Maria migrated to the US. There,
Pedro fell in love with another Filipino citizen, Clara, the first cousin of Maria. Clara was married to another Filipino,
Julian, the brother of Pedro. Julian divorced Clara in the US when Clara was already a naturalized US citizen he
divorced Maria and married Clara. Maria fell in love with Julian.
May she validly marry Julian in the US?
a. No, she cannot, because divorce not being allowed to Filipinos, she and Julian are still validly married
to Pedro and Clara.
b. No, she cannot because Julian is still validly married to Clara.
c. No, she cannot because she is still validly married to Pedro.
d. Yes, she can because both divorces have capacitated her and Julian to remarry, both divorces having
been decreed when Pedro and Clara were already US citizens.
20. A and B are Canadian spouses with a permanent residence in Vancouver but they have properties situated in
Quezon City. What system of property relation governs their properties?
a. The Civil code of the Philippines
b. The Family Code
c. Their National Law
d. None of the Above
21. Robert successfully filed a petition for divorce in Nevada, U.S.A., from his wife, Maria, a Filipino citizen,
capacitating him to remarry. Is the divorce valid and binding on Maria, capacitating to remarry?
a. Yes, since the divorce capacitated Robert to remarry.
b. No, because Philippine laws which prohibit divorce as a matter of public policy, continue to be binding
on Maria, a Filipino citizen, even if living abroad.
c. Yes, if Maria remarries in the U.S.A.; no, if Maria remarries in the Philippines.
d. Yes, under the principle of “comity,” pursuant to international law.
22. Glenda, a Filipino citizen and John Reil, an Australian citizen, got married in the consular office of the
Philippines in Australia. According to the laws of Australia, a marriage solemnized by a consular official is valid,
provided that such marriage is celebrated in accordance with the laws of such consular official. What is the status of
the marriage of Glenda and John Reil?
a. Void, because the consular official has no authority to solemnize the marriage.
b. Valid, because according to the laws of Australia, such consular official has authority to celebrate the
marriage
c. Voidable, because such there is an irregularity in the authority of the consular official to solemnize
marriages.
d. Valid, because such marriage is recognized as valid in the place where it was celebrated.
23. The process of applying the law of a foreign state through the law of a second foreign state is called:
a. Renvoi
b. Double Renvoi
c. Transmission
d. Remission
24. The following are the direct sources of conflict of laws except:
a. Codifications and special statues
b. Judicial decisions
c. Writings and treaties of thinkers and famous wirters and jurists
d. International customs
25. This applies to legal capacity of stateless persons.
a. Domiciliary Theory
b. Territoriality Rule
c. Lex Loci Celebrationis
d. Nationality Rule
II. Essay: Write your answer in not less than three sentences. Answer legibly. Observe proper margins.
1. Define Conflict of laws. (4 pts.)
It is the inconsistency or difference between the laws of different states or countries, arising in the case of
persons who have acquired rights, incurred obligations, injuries or damages, or made contracts, within the
territory of two or more jurisdictions. Conflicts of law is in reality a part of the subject of international law,
which is commonly divided into two aspects, public and private. The application of conflict of laws in the
Philippines basically involve two of the either remedies: First, the enforcement of rights that accrued
completely or party in a foreign country in the form of action filed in Philippines courts by a citizen or an
aggrieved person; Second, the recognition and enforcement of foreign judgement, in a form of a petition or
a complaint to enforce such foreign judgment filed in the Philippine courts by the prevailing party.
2. PH and LV Are Hongkong Chinese nationals. Their parents are now Filipino citizens who live in Manila.
While still students in MNS State, they got married although they are first cousins. It appears that both in
HK and in MNS State, first cousins could legally marry. They plan to reside and set up business in the
Philippines. But they have been informed however, that the marriage of first cousins here is considered
void from the beginning by reason of public policy. They are in a dilemma. They don’t want to break
Philippine law, much less their marriage vows. They seek your advice on whether their civil status will be
adversely affected by Philippine domestic law. What is your sound advice? (6 pts)
The marriage between PH and LV is void under Philippine Law.
The Family code provides that marriages abroad which are valid in the country where the marriage is
celebrated are valid in the Philippines, except the following marriages, 1. Those contracted by any party
below eighteen years of age even with the consent of the parents or guardians; 2. Those bigamous or
polygamous marriage not falling under Article 41; 3. Those contracted through mistake of one of the
contracting party as to the identity of the other; 4. Those subsequent marriages that are void under Article
53; 5. A marriage contracted by any party who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage, even if such incapacity becomes
manifest only after its solemnization; 6. Those which are incestuous, whether the relationship between the
parties be legitimate or illegitimate, between ascendants and descendants of any degree; and between
brothers and sisters, whether of the full or half-blood; 7. Those which are void from the beginning for
reasons of punlic policy namely; (1) between collateral blood relatives, whether legitimate or illegitimate, up
to the fourth civil degree; (2) Between step-parents and step-children; (3) between parents-in-law and
children-in-law; (4) between the adopting parent and the adopted child; (5) Between the surviving spouse of
the adopting parent and the adopted child; (6) between the surviving spouse of the adopted child and the
adopter; (7) between the adopted child and the legitimate child of the adopter; (8) between the adopted
children of the same adopter; (9) between parties where one, with the intention to marry the other, killed the
other person’s spouse or his or her own spouse. The express enumeration of the exceptions to the general
rule that a marriage contracted abroad is valid everywhere implies that any marriage abroad not falling
within any of the exceptions will be considered valid in the Philippines.
3. Sir Chief and Yaya met while working overseas. They became sweethearts and got engaged to be married
on New Year’s Eve aboard a cruise ship in the Caribbean. They took the proper license to marry in New
York City, where there is a Filipino consulate. But as planned, the wedding ceremony was officiated by the
captain of the Norwegian- registered vessel in a private suite among selected friends. Back in Manila, Yaya
discovered that Sir Chief had been married in Bacolod City five (5) years earlier but divorced in Oslo only
last year. His first wife was also a Filipina but now based in Sweden/ Sir Chief himself is a resident of
Norway where he and Yaya plan to live permanently. Yaya retains your services to advise her on whether
her marriage to Sir Chief is valid under Philippine law. Is there anything she should do under the
circumstances? (6 pts)
The marriage between Sir Chief and Yaya is void. The marriage of Sir Chief to his first wife is still valid
since a divorce between Filipino spouses is not valid and is not recognized in the Philippines. As a result
thereof, Yaya’s marriage to Sir Chief is void.
4. Compare and contrast the three kinds of domicile. (5 pts)
There are three types of domicile, as organized under the Constitution. They are 1. Domicile by birth or
origin; 2. Domicile of choice or necessary domicile; and 3. Domicile by operation of law.
Domicile by birth is the domicile that is acquired by a child for the reason of its birth. Thus it is attributed to
everyone at birth. For example, a child born in a marital relationship will take the domicile of its father, and
a child born outside wedlock will take the domicile of its mother. However, any person without a legal
disability can have a domicile of choice. Domicile by choice is the domicile that is presumed or inferred by
law. The law will presume a domicile of choice if there is a change of residence coupled with an intention of
making the change permanent. Domicile by operation of law is one that is imposed by law. The following
are the example of domicile by operation of law: 1. When the parents of a child changes their domicile, the
domicile of the child will also get changed by operation of law; and 2. When a woman is married, she
acquires the domicile of her husband. However, a married woman can acquire her own domicile
independent of her husband.
5. In his lifetime, a Pakistani citizen, Umbra Kato, married three times under Pakistani law. When he died, an
old widower, he left behind six children, two sisters, three homes, and an estate worth at least 30 million
pesos in the Philippines. He was born in Lahore but last resided in Cebu City,where he had a mansion and
where two of his youngest children now live and work. Two of his oldest children are farmers in Sulu, while
two middle- aged children are employees in Zamboanga City. Finding that the deceased left no will, the
youngest son wanted to file intestate proceedings before the Regional Trial Court of Cebu City. Two other
siblings objected, arguing that it should be in Jolo before a Shari’a court since his lands are in Sulu. But
Umbra Kato’s sisters in Pakistan want the proceedings held in Lahore before a Pakistani court. Which court
has jurisdiction and is the proper venue for the intestate proceedings? What law shall govern in the
succession of his estate? (5 pts)
Section 1, Rule 73 of the Rules of Court provides that if the decedent is an inhabitant of the Philippines at
the time of is death, whether a citizen or an alien, his estate shall be settled in the Court of First Instance in
the province in which he resides at the time of his death. The court taking first taking cognizance of the
settlement of the estate of a decedent, shall exercise jurisdiction to the exclusion of all other courts.
The national law of the person whose succession, testate or intestate, is under consideration governs the
following: 1. The order of succession; 2. Amounts of successional rights; 3. Intrinsic validity of testamentary
disposition; and 4. Capacity to succeed.
6. Miss Universe, from Venezuela, came to the Philippines on a tourist visa. While competing in this country,
she fell in love with and married a Filipino lawyer. Her tourist visa having expired and after the maximum
extension allowed therefore, the Bureau of Immigration and Deportation (BID) is presently demanding that
she immediately leave the country but she refuses to do, claiming that she is already a Filipino citizen by
her marriage to the lawyer. Can the BID still order the deportation of Miss Universe? Explain. (8 pts.)
No. the BID may not order the deportation of Miss Universe.
An alien woman may be deemed a citizen of the Philippines by virtue of her marriage to a Filipino citizen
only if she possess all the qualifications and none of the disqualifications specified in the law, because
these are the explicit requisites provided by law for an alien to be naturalized.
7. Mina, a former Filipina who became an Australian citizen shortly after her marriage to an Australian
husband, would like to adopt in the Philippines, jointly with her husband, one of her minor sisters. Assuming
that all the required consents have been obtained, could the contemplated joint adoption in the Philippines
prosper? (7 pts)
No, the joint adoption will not prosper in the Philippines.
The law provides that no court may entertain adopting proceeding unless it has jurisdiction, not only over
the subject matter of the case and over the parties, but also over the res, which is personal status of the
person to be adopted as well as the adopter. Article 15 of the Civil Code adheres to the theory that
jurisdiction over the status of a natural person is determined by the latter’s nationality which is Philippine
Law if the person to be adopted is a Filipino citizen. In Ellis vs Republic, the court held that if the person
adopting is an alien who is not domiciled in the Philippines, he cannot adopt because he is non-resident
foreign, over whose personal status the court cannot acquire jurisdiction.
In this case, Philippine court cannot assume jurisdiction over Mina since she and her husband is a non-
resident.
8. JAL, a foreign corporation licensed to do business in the Philippines, executed in Manila a contract of
employment with Leila under which the latter was hired as a flight attendant on the aircraft plying the
Manila- Japan- Manila route. The contract provided that the duration of the contract shall be two years, and
notwithstanding the said duration, JAL may terminate the agreement any time by giving her written
noticeten (10) days in advance. Further, the contract provides that it shall be construed by the laws of
Japan and that only the court in Tokyo, Japan shall have jurisdiction to consider any matter arising from or
relating to the contract. JAL dismissed Leila on her fourth month without due notice. Leila then filed a
complaint with the Labor Arbiter contending that she was illegally dismissed. JAL alleged that the Labor
Arbiter or any court or tribunal in the Philippines has no jurisdiction over the case. Decide on the issue.
Give reasons. (8 pts)
The Labor arbiter or any court or tribunal in the Philippines has jurisdiction over the case.
The Law on Obligations and Contracts provides that if the contract is entered into in the Philippines,
pertinent applicable laws on the subject are deemed read into the contract, to govern the solemnities
required by law and its validity, as well as to fix the obligations of the parties and their liability in case of
non-performance thereof. The principle is well-settled that an existing law enters and form part of a valid
contract without need for the parties to expressly making reference to it.
9. If the Decedent is a stateless person, what law shall govern as regards his estate? Explain fully. (6 pts)
Considering that the decedent is a stateless person, conflicts of law would be inapplicable.
As to the law which would govern his estate, the law where the properties are located shall govern.
Also, the law of the place at the time of his death may be applied with respect to his properties.
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