Midterms

Question 1

Elements of Conflict of Laws

Answer 1

1. Conflict of laws part of the municipal laws of a state
2. There is a directive to the courts and administrative agencies
3. There is a legal problem involving a foreign element
4. There is an application or non-application of a foreign law or laws

Question 2

Lex Situs

Answer 2

Article 16. Real property as well as personal property is subject to the law of the country where it is stipulated.

Question 3

Lex Loci Celebrationis

Answer 3

Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

Question 4

Lex Nationalis

Answer 4

Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

Question 5

Principle of Territoriality

Answer 5

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a)

Question 6

What must a tribunal do when it is found that it has jurisdiction

Answer 6

• refuse to assume jurisdiction on the ground of forum non conveniesn
• Assume jurisdiction, in which case it may either

1. Apply the internal law of the forum
2. Apply the proper foreign law

Question 7

Jurisdiction Defined

Answer 7

• Authority of a tribunal to hear, try and decide a case
• It also includes the power to enforce any judgment it may render thereon

Question 8

Kinds of jurisdiction

Answer 8

1. Jurisdiction over the subject matter
2. Jurisdiction over the res
3. Jurisdiction over the person

Question 9

Jurisdiction over the subject matter

Answer 9

This is conferred by law and is defined as the authority of the court to hear, try and decide a case.

The allegations in the petition or complaint read together with the jurisdictional law is what confers jurisdiction on the court.

Question 10

Jurisdiction over the persons

Answer 10

It is the power of the court to render a judgment that is binding on the parties involved.

Jurisdiction over the person of the complainant is acquired by his institution of the action in a proper pleading

Jurisdiction over the person of the defendant is conferred through his voluntary appearance or a valid service of summons

Question 11

When is summons of publication applicable?

Answer 11

Summons by publication is applicable only if the action is in rem or quasi in rem

Question 12

Jurisdiction over the res

Answer 12

Jurisdiction over the subject matter in controversy regardless of persons who may be interested thereon.

Question 13

Lex Fori: Instances when the forum has to apply its domestic laws

Answer 13

1. When the law of the forum expressly so provides so in its conflict rules
2. When the proper foreign law has not been properly pleaded and proved
3. When the case involves any of the exceptions to application of the proper foreign law (Exceptions to Comity)

Question 14

Exception to Comity

Answer 14

1. when the foreign law, judgment or contract is contrary to a sound and established public policy
2. When the foreign LJC is contrary to universal principles of morality
3. When the foreign LJC involves procedural matters
4. When the case involves penal laws, contracts, judgments
5. When the case involves purely fiscal or admin matters
6. When the application of foreign LJC may work against vital interest and national security of the State of the forum
7. When the case involves real or personal property situated in the forum