Saudi Arabian Airlines v.

CA  It is to be noted that there should exist a conflict of laws

 Violations of Art. 19 & 21 are actionable, with judicially situation requiring the application of the conflict of laws rules
enforceable remedies in the municipal forum. before determining which law should apply. Also, when the
 Choice of law problems seek to answer two important law of a foreign country is invoked to provide proper rules for
questions: (1) What legal system should control a given the solution of a case, the existence of such law must be
situation where some of the significant facts occurred in two pleaded and proved.
or more states? (2) To what extent should the chosen legal
system regulate the situation?
 Characterization/Doctrine of Qualification – it is the process Raytheon Int’l v. Rouzie Jr.
of deciding whether or not the facts relate to the kind of  Philippines has jurisdiction despite the valid choice of law
question specified in a conflicts rule. The purpose of which to clause stipulated in the contract. The SC outline three
enable the forum to select the proper law. consecutive phases involved in judicial resolution of the
 The test applied in the case at bar is “the place where an act conflicts-of-laws problems, namely: jurisdiction, choice of
has been done, the locus actus, such as where a contract law, and recognition and enforcement of judgments.
has been made, a marriage celebrated, a will signed or a tort  Jurisdiction and choice of law are two distinct concepts.
committed. The lex loci actus is particularly important in Jurisdiction considers whether it is fair to cause a defendant
contracts and torts. to travel to this state. Choice of law asks the further question
 The SC held that it is the Philippines which could be said as whether the application of a substantive law which will
the situs of the tort. It is in the Philippines were petitioner determine the merits of the case is fair to both parties.
allegedly deceived Morada, a Filipina residing and working in  In instances where the SC held that the local judicial
the PI. Thus, Philippines is the situs of the tort complaint of machinery was adequate to resolve controversies with a
and the place “having the most interest in the problem”. foreign element, the following requisites had to be proved:
o The Phil Court is one to which the parties may
Hasegawa v. Kitamura conveniently resort;
 Lex loci celebrationis – relates to the law of the place of the o The Phil Court is in a position to make an intelligent
ceremony or the law of the place where a contract is made. decision as to the law and the facts; and
 Lex contractus or lex loci contractus – means the law of the o The Phil Court has or is likely to have the power to
place where a contract is executed or to be performed.
enforce its decision.
 Under the “state of the most significant relationship rule,” to
 On the matter of jurisdiction over a conflict of laws problem,
ascertain what state law to apply to a dispute, the court
where the case is filed in a Phil Court and where the court
should determine which state has the most substantial
has jurisdiction over the subj. matter, the parties and the res,
connection to the occurrence and the parties.
it may proceed to try the case even if the rules of conflict of
 These three principles in conflict of laws make reference to
laws point to a foreign forum. This is an exercise of
the law applicable to a dispute and are rules proper for the
sovereign prerogative.
second phase – choice of law. They determine which state’s
 The RTC acquired jurisdiction over the respondent upon the
law is to be applied in resolving the substantive issues of a
filing of the complaint while jurisdiction over the person of
conflicts problem. Necessarily, as the only issue in this case
petitioner was acquired by its voluntary appearance.
is that of jurisdiction, choice-of-law rules are not only
inapplicable but also not yet called for.
  Petitioner PIA cannot take refuge in paragraph 10 of its
employment agreement which specifies (1) the law of
Pakistan as the applicable law of the agreement; and (2) the  The national law mentioned in Art. 16 of the Civil Code is the
venue for settlement of any dispute only in courts of law on conflict of laws in the California Civil Code, i.e. Art.
Pakistan. This cannot be invoked to prevent the application 946, which authorizes the reference or return of the question
of Philippine labor laws and regulations to the subject matter to the law of the testator’s domicile. The conflict of laws rule
of this case i.e., employer-employee relationship between in California (Art.946) precisely refers back the case, when a
PIA and respondents. decedent is not domiciled in California, to the law of his
 There were also multiple and substantive contacts between domicile, the Philippines in the case at bar.
Philippine law and Philippine courts, on the one hand, and  Renvoi is a procedure whereby a jural matter presented is
the relationship between the parties upon the other: contract referred by the conflict of laws rules of the forum to a foreign
executed in the PI; contract performed here; private state, the conflict of laws rule of which, in turn, refers the
respondents are Phil citizens and residents, petitioner is a matter to the law of the forum or a third state.
foreign corp licensed to do business here; private
respondents were based in the Phil in between their PCIB v. Escolin
assigned flights. The question of what are the laws of Texas governing the matters
 Petitioner PIA did not undertake to plead and prove the here in issue is, in the first instance, one of fact, not of law.
contents of Pakistan law on the matter; it must therefore
Elementary is the rule that foreign laws may not be taken judicial
apply processual presumption.
notice of and have to be proven like any other fact in dispute
between the parties in any proceeding, with the rare exception in
Cadalin v. POEA Administrator instances when the said laws are already within the actual
 As a general rule, foreign procedural law will not be applied knowledge of the court, such as when they are well and generally
in the forum. Procedural matters, such as service of process, known or they have been actually ruled upon in other cases before it
joinder of actions, period and requisites for appeal, and so and none of the parties concerned claim otherwise.
forth, are governed by the laws of the forum. However, the
characterization of a statute into a procedural or substantive Wildvalley Shipping v. CA
law becomes irrelevant when the country of the forum has a  Where the foreign law sought to be proved is unwritten, the
borrowing statute. Said statute has the practical effect of the oral testimony of expert witnesses is admissible, as are
treating the foreign statute of limitation as one of substance. printed and published books of reports of decisions of the
 Sec. 48 of our old Code of Civil Procedure provides that if by courts of the country concerned if proved to be commonly
the laws of the state/country where the cause of action admitted in such courts. However, where the foreign law
arose, the action is barred, it is also barred in the PI. sought to be proved is written, Sec. 24, Rule 132 must be
 However, in light of the 1987 Constitution, section 48 cannot complied with.
be enforced insofar as it ordains the application in this  A photocopy of the Reglamento General de la Ley de
jurisdiction of Sec. 156 of the Amiri Decree which is Pilotaje (Pilotage Law) published in the Gaceta Oficial of the
considered obnoxious to the forum’s public policy. To Republic of Valenzuela and rules governing the navigation
enforce the 1-yr prescriptive period as regard the claims in published in a book was presented in evidence as an official
question would contravene the pubic policy on the protection publication of the Republic of Valenzuela. Both of these
of labor. documents are considered to be public documents for they
 are written official acts, or records of the official acts of the employment contract was not perfected in the
sovereign authority…. of Valenzuela. Philippines.
 For a copy of a foreign public document to be admissible, the o No power to determine the facts. — Neither can the
following requisites are mandatory: (1) it must be attested by NLRC determine the facts surrounding the alleged
the officer having legal custody of the records or by his illegal dismissal as all acts complained of took place
deputy; and (2) it must be accompanied by a certificate by a in Beijing, People's Republic of China.
secretary of the embassy or legation, consul general, consul, o Principle of effectiveness, no power to execute
vice consular or consular agent or foreign service officer, and decision. — Even assuming that a proper decision
with the seal of his office. could be reached by the NLRC, such would not have
 According to the weight of authority, when a foreign statute is any binding effect against the employer, the Palace
involved, the best evidence rule requires that it be proved by Hotel. The Palace Hotel is a corporation
a duly authenticated copy of the statute. incorporated under the laws of China and was not
even served with summons. Jurisdiction over its
Manila Hotel Corp. v. NLRC person was not acquired.
 NLRC is NOT the proper forum for the adjudication of the
case between SANTOS (complainant) and MHC since the
main aspects of the case transpired in two foreign Dacasin v. Dacasin
jurisdictions, involving purely foreign elements. NLRC was  ISSUE: W/N the trial court has jurisdiction to take
seriously an inconvenient forum to adjudicate the same. cognizance of petitioner’s suit and enforce the Agreement on
 Under the rule of forum non conveniens, a Philippine court or the joint custody of the parties’ child? YES
agency may assume jurisdiction over the case if it chooses  SC: Subject matter jurisdiction is conferred by law. At the
to do so provided: (1) that the Philippine court is one to time petitioner filed his suit in the trial court, statutory law
which the parties may conveniently resort to; (2) that the vests on Regional Trial Courts exclusive original jurisdiction
Philippine court is in a position to make an intelligent over civil actions incapable of pecuniary estimation. An
decision as to the law and the facts; and (3) that the action for specific performance, such as petitioner’s suit to
Philippine court has or is likely to have power to enforce its enforce the Agreement on joint child custody, belongs to this
decision. The conditions are unavailing in the case at species of actions. Thus, jurisdiction-wise, petitioner went to
bar. the right court.
o From the time of recruitment, to employment, to  The foregoing notwithstanding, the trial court cannot enforce
dismissal – all occurred outside the Philippines. The the Agreement which is contrary to law. In this jurisdiction,
inconvenience is compounded by the fact that the parties to a contract are free to stipulate the terms of
proper defendants, the Palace Hotel and MHICL are agreement subject to the minimum ban on stipulations
not nationals of the Philippines. Neither are they contrary to law, morals, good customs, public order, or public
"doing business in the Philippines." policy. Otherwise, the contract is denied legal existence,
o No power to determine applicable law. — Neither deemed "inexistent and void from the beginning."
can an intelligent decision be made as to the law  At the time the parties executed the Agreement, two facts
governing the employment contract as such was are undisputed: (1) Stephanie was under seven years old;
perfected in foreign soil. This calls to fore the and (2) petitioner and respondent were no longer
application of the principle of lex loci contractus (the married under the laws of the United States because of
law of the place where the contract was made). The the divorce decree.
  The relevant Philippine law on child custody for spouses principle, the nature and extent of the title which vested in
separated in fact or in law (Art.213(2) FC) is also undisputed. Mrs. Gibbs at the time of the acquisition of the community
This statutory awarding of sole parental custody to the lands here in question must be determined in accordance
mother is mandatory, grounded on sound policy with lex rae sitae.
consideration, subject only to a narrow exception not alleged  It is admitted that the Philippine lands here in question were
to obtain here. Clearly then, the Agreement’s object to acquired as community property of the conjugal partnership
establish a post-divorce joint custody regime between of Allison Gibbs and his deceased wife. Under the law of the
respondent and petitioner over their child under seven years PI, she was vested of a title equal to that of hr husband.
old contravenes Philippine law. Thus, the descendible interest of Eva Johnson Gibbs in the
 The Agreement is not only void ab initio for being contrary to lands aforesaid was transmitted to her heirs by virtue of
law, it has also been repudiated by the mother when she inheritance and this transmission plainly falls within the
refused to allow joint custody by the father. The Agreement language of Sec. 1536 of the Administrative Code which
would be valid if the spouses have not divorced or levies a tax on inheritances. It is unnecessary in this
separated because the law provides for joint parental proceeding to determine the order of succession or the exten
authority when spouses live together. However, upon of the successional rights which would be regulated by the
separation of the spouses, the mother takes sole custody California Code.
under the law if the child is below seven years old and any
agreement to the contrary is void. Aznar v. Garcia
 Petitioner CANNOT rely on the divorce decree’s alleged  The law that governs the validity of Edward Christensen’s
invalidity - not because the Illinois court lacked jurisdiction or testamentary dispositions is defined in Art. 16 of the Civil
that the divorce decree violated Illinois law, but because the Code of the Philippines.
divorce was obtained by his Filipino spouse - to support the  There is no single American law governing the validity of
Agreement’s enforceability. The argument that foreigners in testamentary provisions in the US, each state of the union
this jurisdiction are not bound by foreign divorce decrees is having its own private law applicable to its citizens only and
hardly novel. Van Dorn v. Romillo settled the matter by in force only within the state. So it can refer to no other than
holding that an alien spouse of a Filipino is bound by a the private law of the state to which the decedent is a citizen,
divorce decree obtained abroad. in the case at bar, the private law of the State of California.
 Art. 946 of the California Civil Code provides that it is the law
of the domicile of the deceased that governs disposition of
Gibbs v. Government personal property. On the other hand, In re Kaufman
 Art.10 of the old Civil Code provides that “personal property provides that the law governing successional rights and the
is subject to the laws of the nation of the owner thereof; real intrinsic validity of the deceased are to be governed by the
property to the laws of the country in which it is situated.” law of the place where he died.
 On the other hand, the California Code provides that  Renvoi was applied in the case at bar. The principle cited in
pursuant to the rule that “real property is subject to the lex In re Kaufman should apply to citizens living in the State but
rae sitate, the respective rights of husband and wife in such Art. 946 should apply to such citizens as are not domiciled in
property, in the absencrie of an antenuptial contract, are California but in other jurisdictions. If the Court is to enforce
determined by the law of the place where the property is the law of California, then the internal law for residents
situated, irrespective of the domicile of the parties or to the therein, and its conflict-of-laws rule for those domiciled
place where the marriage was celebrated. Under this broad
 abroad should be applied. Thus, Philippine law (the not be taken judicial notice of and have to be proven like any other
deceased’s domicile) should be applied. fact in dispute between the parties in any proceeding, with the rare
 The Philippine court must apply its own law as directed in the exception in instances when said laws are already within the actual
conflict of laws rule of the state of the decedent, if the
knowledge of the court, such as when they are well and generally
question has to be decided, especially as the application of
the internal law of California provide no legitime for children known or they have been actually ruled upon in other cases before
while the Philippine law, NCC 887(4) and 894 makes natural and it and none of the parties claim otherwise.
children legally acknowledged forced heirs of the parent
recognizing them. Saudi Arabian Airlines v. CA
 W/N the Philippine law is applicable law in the case? YES
Bellis v. Bellis  SC: Considering that the complaint filed is one involving
 Renvoi was not applied because such doctrine is usually torts, the “connecting factor” or “point of contact” could be
pertinent where the decedent is a national of one country, the place where the tortuous conduct or the lex loci actus
and a domicile of another. occurred. And applying the torts principle in a conflicts case,
 In the present case, decedent was both a national of Texas the Philippines could be said a situs of the tort.
and a domicile thereof at the time of his death. So that even  This is because it is in the PI where SAUDIA allegedly
assuming Texas has a conflict of law rule providing that the deceived respondent, a Filipina residing and working here.
domiciliary system should govern, the same would not result She had honestly believed that SAUDIA would, in the
in a reference back to the Philippine law, but would still refer exercise of its rights and in the performance of its duties, “act
to Texas law. with justice, give her due and observe honesty and good
 The parties admit that the decedent was a citizen of the faith.” That certain parts of the injury allegedly occurred in
State of Texas, USA, and that under Texas law, there are no another country is of no moment.
forced heirs or legitimes. Accordingly, since the intrinsic As to the choice of applicable law, we note that choice-of-law
validity of the provision of the will and the amount of problems seek to answer two important questions: (1) What legal
successional rights are to be determined under Texas law, system should control a given situation where some of the significant
the Philippine law on legitimes cannot be applied to the facts occurred in two or more states; (2) To what extent should the
testacy of deceased. chosen legal system regulate the situation
PCIB v. Escolin Kiobel v. Royal Dutch
 There is no reliable evidence as to what are the applicable  Petitioners who are Nigerian nationals residing in the US,
laws of Texas USA “with respect as to the order of filed suit in the federal court under the Alien Tort Statute,
succession and to the amount of successional rights” that alleging that respondents (certain Dutch, British and Nigerian
may be willed by a testator which, under Art. 16 of the Civil corporations) aided and abetted the Nigerian government in
Code, are controlling in the instant cases, in view of the committing violations of the law of nations in Nigeria. The
undisputed Texan nationality of the deceased, these cases District Court dismissed petitioners’ claims reasoning that the
should be remanded so that the parties may prove what the law of nations does not recognize corporate liability.
said law provides.  ISSUE: W/N ATS applies extraterritorially? NO
The question of what are the laws of Texas governing the issue re:  RULING: The ATS is a jurisdictional statute that creates no
validity of the testamentary dispositions herein is, in the first instance, cause of action. It permits federal courts to “recognize
one of fact, not of law. Elementary is the rule that foreign laws may private claims for a modest number of international law
violations under federal common law.” In contending that a
claim under the ATS does not reach conduct occurring a
foreign sovereign’s territory, respondents rely on the
presumption against extraterritorial application, which
provides that “when a statute gives no clear application,
it has none.” The presumption serves to protect against
unintended clashes between our laws and those of other
nations which could result in international discord.”