3 consecutive phases in judicial resolution of conflicts:
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3 consecutive phases in judicial resolution of conflicts: Jurisdiction Choice of law PowerPoint PPT Presentation


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3 consecutive phases in judicial resolution of conflicts: Jurisdiction Choice of law Recognition and enforcement of judgments. DISMISSING THE CASE: Dismissal on the Ground of Lack of Jurisdiction Dismissal on the Ground of Doctrine of forum non conveniens.

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3 consecutive phases in judicial resolution of conflicts: Jurisdiction Choice of law

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3 consecutive phases in judicial resolution of conflicts jurisdiction choice of law

3 consecutive phases in judicial resolution of conflicts:

Jurisdiction

Choice of law

Recognition and enforcement of judgments


3 consecutive phases in judicial resolution of conflicts jurisdiction choice of law

DISMISSING THE CASE:

  • Dismissal on the Ground of Lack of Jurisdiction

  • Dismissal on the Ground of Doctrine of forum non conveniens


3 consecutive phases in judicial resolution of conflicts jurisdiction choice of law

Recognized justifications on the refusal to assume jurisdiction on the ground of forum of non-conveniens

  • When the witnesses and the evidence are not readily available before the forum

  • When the court determines that it has no sufficient resources to take cognizance of the case and to provide relief to the parties

  • When necessary to curb the evils of forum shopping

  • When the forum has no particular interest in the case

  • When other courts are open and it is better to try the case in such courts


3 known instances when domestic lawapplies

3 known instances when domestic lawapplies

  • When the law of the forum EXPRESSLY PROVIDES in its conflict rules

  • When there is FAILURE TO PLEAD AND PROVE FOREIGN LAW

  • When the case involves any of the EXCEPTIONS TO THE APPLICATION OF FOREIGN LAW


Provisions dealing on conflict of laws

Provisions dealing on conflict of laws

Art 15 of the Civil Code:

Laws relating to family rights and duties or to the status, conditions, or capacity of persons are binding upon citizens of the Philippines whether they are leaving abroad. It espouses the nationality theory that governs the status and capacity of the persons

Art. 16 of the Civil Code:

Real or personal property are subject to the laws of the state where they are situated; however interstate or testamentary succession including order of succession, amount of successional right, validity of a testamentary disposition and the capacity to inherit, are regulated by the national law of the person whose succession is under consideration ( national theory in succession).


Provisions dealing on conflict of laws1

Provisions dealing on conflict of laws

Art. 17 of the Civil Code:

Forms and solemnities of a contract, wills and other public instruments are governed by law of the place where they are executed (lex loci celebracciones).

Art. 26 of the Family Code:

All marriages executed or solemnized outside of the Philippines are valid if they are valid there except if the marriage falls under any of the exceptions enumerated under the first paragraph of Art. 36.

Art. 80 of the Family Code:

Property regime of spouses whether they are leaving abroad or whether the properties are located elsewhere, is governed by the Philippine law.


Provisions dealing on conflict of laws2

Provisions dealing on conflict of laws

Rule of COGSA:

Liability of loss of cargo; liability of loss or deterioration of goods/cargo in transitu is governed by the laws of the place of destination.

Corporation Code:

Foreign corporations are governed by law of the place where they are organized or created.

Execution of Joint Wills:

Whether executed abroad or in the Philippines is prohibited.

Execution of Wills:

Philippine laws prohibited execution of oral wills while other states allow such.


Exceptions to the application of foreign law

Exceptions to the application of foreign law

  • When the application of the foreign law, judgment or contract is contrary to sound and established public policy of the forum.

  • When the foreign law, judgment, or contract is contrary to universally conceded principles of morality (contra bonos mores).

  • When the foreign law, judgment, or contract involves procedural matters

  • When the case involves penal laws, judgments and contracts


Exceptions to the application of foreign law1

Exceptions to the application of foreign law

5. When it involves purely fiscal or administrative matters

6. When the application of the foreign law would work undeniable injustice to the citizens or residents of the forum

7. When the application of the foreign law is inimical to national security and interest of the forum


Application of foreign laws

Application of foreign laws

General Rule:

Law cannot be enforced outside its territorial jurisdiction

Exceptions:

  • Local law directs that it be applied in a given case.

  • The parties have stipulated that a specific foreign law be applied to govern in case of dispute arising from their contract.

  • A treaty or convention to which the country has adhered requires that a foreign law be applied, or

  • The rules of conflict of laws point to the application of the foreign law.


Theories for the application of foreign law

Theories for the application of foreign law

  • Theory of Comity

  • Theory of Vested Rights

  • Theory of Local Law

  • Theory of Harmony of Laws

  • Theory of Justice


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