Rules on Torts
FACTUAL SITUATION POINT OF CONTACT
Liability & damages for torts in Lex loci delicti (law of the place where
generalNOTE: The locus delicti (place of the delict was committed)NOTE: liability
commission of torts) is faced by the for foreign torts may be enforced in the
problem of characterization. In civil law RP if:
countries, the locus delicti is generally
where the act began; in common law
countries, it is where the act first became
1. The tort is not penal in character
effective
2. If the enforcement of the tortious
liability wont contravene our
public policy
3. If our judicial machinery is
adequate for such enforcement
Rules on Crimes
FACTUAL SITUATION POINT OF CONTACT
Essential elements of a crime and penalties Generally where committed (locus
regit actum)
Theories as to what court has jurisdiction:
1. Territoriality theory where the crime was committed
2. Nationality theory country which the criminal is citizen or a subject
3. Real theory any state whose penal code has been violated has jurisdiction,
where the crime was committed inside or outside its territory
4. Protective theory any state whose national interests may be jeopardized has
jurisdiction so that it may protect itself
5. Cosmopolitan or universality theory state where the criminal is found or
which has his custody has jurisdiction
6. Passive personality theory the state of which the victim is a citizen or subject
has jurisdiction
NOTE: In the RP, we follow the territoriality theory in general; exception:
Article 2, RPC, stresses the protective theory
The locus delicti of certain crimes
1 Frustrated an consummated, Where the victim was injured (not
homicide, murder, infanticide & where the aggressor wielded his
parricide weapon)
2 Attempted homicide, etc. Where the intended victim was (not
where the aggressor was situated) so
long as the weapon or the bullet either
touched him or fell inside the territory
where he was
3 Bigamy Where the illegal marriage was
performed
4 Theft & robbery Where the property was unlawfully
taken from the victim (not the place to
which the criminal went after the
commission of the crime)
5 Estafa or swindling thru false Where the object of the crime was
representation received (not where the false
representations were made)
6 Conspiracy to commit treason, Where the conspiracy was formed (not
rebellion, or seditionNOTE: Other where the overt act of treason,
conspiracies are NOT penalized by our rebellion or sedition was committed)
laws
7 Libel Where published or circulated
8 Continuing crime Any place where the offense begins,
exists or continues
9 Complex crime Any place where any of the essential
elements of the crime took place
Rules on Juridical Persons
FACTUAL SITUATION POINT OF CONTACT
Corporations
Powers and liabilities General rule: the law of the place of
incorporationEXCEPTIONS:
1. For constitutional purposes
even of the corporation was
incorporated in the RP, it is nor
deemed a Filipino corporation &
therefore cant acquire land, exploit
our natural resources, 7 operate
public utilities unless 60% of capital
if Filipino owned
2. For wartime purposes we
pierce the corporation veil & go to
the nationality of the controlling
stockholders to determine if the
corporation is an enemy
(CONTROL TEST)
Formation of the corporation (requisites); Law of the place of incorporation
kind of stocks, transfer of stocks to bind
the corporation, issuance, amount &
legality & dividends, powers & duties of
members, stockholders and officers
Validity of corporate acts & contracts Law of the place of incorporation & law of
(including ultra vires acts) the place of performance (the act or
contract must be authorized by BOTH
laws)
Right to sue & amenability to court Lex fori
processes & suits against it
Manner & effect of dissolution Law of the place of incorporation
provided that the public policy of the
forum is not militated against
Domicile If not fixed by the law creating or
recognizing the corporation or by any
other provision the domicile is where it
is legal representation is established or
where it exercises its principal functions
(Article. 15)
Receivers (appointment & powers) Principal receiver is appointed by the
courts of the state of incorporation;
ancillary receivers, by the courts of any
state where the corporation has assets
(authority is CO-EXTENSIVE) w/ the
authority of the appointing court
NOTE: Theories on the personal and/or governing law of corporations:
1. Law of the place of incorporation (this is generally the RP rule)
2. Law of the place or center of management (center for administration or siege social)
(center office principle)
3. Law of the place of exploitation (exploitation centre or siege d exploitation)
Partnerships
The existence or non-existence of legal The personal law of the partnership, i.e.,
personality of the firm; the capacity to the law of the place where it was created
contract; liability of the firm & the partners (Article 15 of the Code of Commerce)
to 3rd persons (Subject to the exceptions given above
as in the case of corps.)
Creation of branches in the RP; validity & RP law (law of the place where branches
effect of the branches commercial were created) (Article 15, Code of
transaction; & the jurisdiction of the court Commerce)
Dissolution, winding up, & termination of RP law (Article 15, Code of Commerce)
branches in the RP
Domicile If not fixed by the law creating or
recognizing the partnership or by any
other provision the domicile is where it
is legal representation is established or
where it exercises its principal functions
(Article. 15)
Receivers RP law insofar as the assets in the RP
are concerned can be exercised as such
only in the RP
Foundations (combination of capital Personal law of the foundation (place of
independent of individuals, usually not for profit) principal center of administration)
