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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Choice of law
Recognition and enforcement of judgments
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).
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.
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.
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.
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
Law cannot be enforced outside its territorial jurisdiction