I.
Introduction to Conflict of Laws
a. Definition – Concept
Private international law, also known as “conflict of laws”, is the set of rules
governing cross-border legal disputes between private citizens or other private
entities. It encompasses a broad range of topics including: which court has
jurisdiction to hear a case; which country’s law should be used to determine
a dispute (also known as applicable law), and whether judgments made in a
foreign court can be recognised and enforced in a different jurisdiction. Private
international law principles apply across the spectrum of civil law matters. This
covers everything from international family disputes (such as child abduction or
divorce proceedings) through to commercial matters such as cross-border
contracts and international debt enforcement.
Private International Law describes the body of law surrounding which law
governs when there is a conflict between citizens of different countries. In
common law jurisdictions, it is sometimes known as "conflict of laws."
Typically, one will be asking one or more of three questions when researching a
private international law problem:
1. In which jurisdiction should the dispute be decided?
2. Which law should be applied?
3. How should a foreign judgment be enforced?
1. History
2. Importance.
Private international law aims to allow streamlined civil judicial
cooperation across national borders. It seeks to avoid the need for multiple sets
of court proceedings relating to the same dispute, particularly where there is a
risk that these could result in conflicting judgments. All of the
parties therefore save time and money by having their dispute resolved in a
consistent and efficient manner, and this in turn improves access to cross-border
justice for ordinary citizens.
b. Private International Law vs. Public International Law
Public International Law governs the relationships between and among states
and also their relations with international organizations and individual persons.
Private International Law is really domestic law which deals with cases where
foreign law intrudes in the domestic sphere where there are questions of the
applicability of foreign law or the role of foreign courts.
c. Object, Function and Scope of Private International law
Private international law consists of principles and rules for dealing with legal
disputes that have a foreign element: for example, a cross-border divorce case,
or transnational commercial dispute. In England and Wales, the terms 'private
international law' and 'conflict of laws' are interchangeable, and the subject
encompasses choice of law, the court's jurisdiction and the recognition and
enforcement of foreign judgments. The scope of private international law
varies from country to country, however, and each jurisdiction has its own rules.
In addition to the rules by made national authorities, treaties, model laws and
other instruments have been brought in by international
organisations to regulate the area of transnational disputes. These organisations
include the Hague Conference on Private International Law, the International
Institute for the Unification of Private Law (UNIDROIT) and the European
Union.
d. Framework
e. Theories
f. Sources
Much private international law is governed by the domestic law of the countries
in question. That is, whether or not, for example, a given foreign judgment will
be enforced is a U.S. court may be governed by U.S. law. However, in recent
years there has been an effort to create a more unified system of private
international law, and treaties and conventions, model laws, legal guides, and
other instruments may also be used. Private international law tends to be
subject-specific; currently, there is no well-defined body of private international
law, but certain subjects such as contracts or family law may have their own
governing rules.
Guide Questions: What is the object, function and scope of Private International
Law?
What types of problems give rise to Private International Law?
How do these practical problems affect the practice of Private International
Law?
CITIZENSHIP
Read on the following concepts on textbooks/commentaries:
II. Citizenship
Citizenship is membership in a political community with all its concomitant
rights and responsibilities. Whether natural-born or naturalized, this status
confers upon the individual certain prerogatives which may be denied the alien,
although both of them come under the term “person” as protected by the due
process and equal protection clauses.
a. Importance
b. Citizenship vs. Nationality
c. Provisions
1. Article IV, Section 1 of the 1987 Constitution
2. Sections 2 and 3 of Commonwealth Act 473, also known as “Revised
Naturalization Law”
3. Section 15 of Commonwealth Act 473, also known as “Revised
Naturalization Law”
4. Section 3 of Republic Act 9139, also known as “The Administrative
Naturalization Law of 2000”
5. Section 1 of Commonwealth Act No. 63, also known as “An Act
Providing For The Ways In Which Philippine Citizenship May Be Lost Or
Reacquired”
d. Jus Sanguinis vs. Jus Soli
e. Natural Born Citizens
f. Expatriation
g. Cases (Full text)
1. Poe-Llamanzares v COMELEC, G.R. Nos. 221697-221700, 6 March 2016
2. Talaroc v. Uy, G.R. No. L-5397, 26 September 1952
3. Co v. Electoral Tribunal of the House of Representatives, G.R. Nos.
92191-92, 30 July 1991
4. Tecson v. COMELEC, G.R. No. 161434, 3 March 2004
5. Poe-Llamanzares v COMELEC, G.R. Nos. 221697-221700, 6 March 2016
6. Frivaldo v. COMELEC, G.R. No. 87193, June 23, 1989
7. Frivaldo v. COMELEC, G.R. No. 120295, June 28, 1996
8. Labo v. COMELEC, G.R. No. 86564, August 1, 1989
9. Valles v. COMELEC, G.R. No. 137000, August 9, 2000
10. Maquiling v COMELEC, G.R. No. 195649, April 16, 2013
11. Kookooritchkin v. Solicitor General, G.R. No. L-1812, 27 August 1948
