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Conflict of Laws NotesMain reference: Agpalo, Conflict of LawsI. INTRODUCTION TO CONFLICT OF LAWSPrivate International Law - that branch of international law which regulates thecomity of states in givingeffect in one to the municipal laws of another relating private persons, or concerns the rights of persons withinthe territory and dominion of one state or nation, by reason of acts, private orpublic, done within the dominionof another, and which is based on the broad general principle that one country will respect and give effect tothe laws of another so far as can be done consistently with its own interestsForeign element - a factual situation that cuts across territorial lines and isthus affected by the diverse laws oftwo or more statesComity - the recognition which one state allows within its territory to the legislative, executive, or judicial actsof another state, having due regard both to international duty and convenience and to the rights of its owncitizens or of other persons who are under the protection of its lawsLex situs - the applicable law regarding the acquisition, transfer and devolution of the title to property is thelaw where the property is locatedLex fori - the law of the forum, where the case if filed

Lex loci actus - the law of the place where the act is doneLex loci celebrationis - the law of the place where the contract is entered intoLex loci contractus - the proper law applicable in deciding the rights and liabilities of the contracting partiesLex loci delictus - the law of the place where the offense or wrong took placeLex loci domicilii - the law of the place of the domicile of the personLex loci rei sitae (lex situs) - the law of the place where a thing is situatedKilberg doctrine - a rule to the effect that the forum is not bound by the law of the place of injury or death asto the limitation on damages for wrongful act because such rule is procedural and hence the law of the forumgoverns the issueCenter of gravity doctrine (most significant relationship theory; grouping of co

ntacts) - choice of lawproblems in conflict of laws are resolved by the application of the law of the jurisdiction which has the mostsignificant relationship to or contact with event and parties to litigation andthe issue thereinGENERAL RULE: Law of one country has no application and force in another country. Philippine laws have noextraterritorial effect.EXCEPTION: Consent: when our laws provide extraterritorial effect to our laws with respect to citizens and nationals(e.g. extraterritoriality principle of RPC)**But now in PRIL, foreign laws and foreign judgments may be given force and effect in our country, because of the

growing inter-dependence of states and on basis of the principle of comity.2 REMEDIES INVOLVED:1. Enforcement of rights2. Recognition and enforcement of foreign judgment**Conflict of laws presupposes two or more conflicting laws, between a local lawand a foreign law involving a foreignConflict of Laws Page 1element or elements, which requires a determination of which law should apply.Is there a conflictscase?A factual situation that cuts across territorial lines and is affected by the di

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verse laws of two or morestates is said to contain a foreign element.The presence of a foreign element isinevitable sincesocial and economic affairs of individuals and associations are rarely confinedto the geographic limitsof their birth or conception. (Saudi Arabia Airlines vs. CA, G.R. No. 122191, Oct. 8, 1998)The forms in which this foreign element may appear are many. The foreign elementmay simply consistin the fact that one of the parties to a contract is an alien or has a foreign domicile, or that a contractbetween nationals of one State involves properties situated in another State. Inother cases, theforeign element may assume a complex form. (Saudi Arabia Airlines vs. CA, supra)In the instant case, the foreign element consisted in the fact that private respondent Morada is aresident Philippine national, and that petitioner SAUDIA is a resident foreign corporation. Also, byvirtue of the employment of Morada with the petitioner SAUDIA as a flight stewardess, events didtranspire during her many occasions of travel across national borders, particularly from Manila,Philippines to Jeddah, Saudi Arabia, and vice versa, that caused a conflictssituation to arise.(Saudi

Arabia Airlines vs. CA, supra)3 WAYS OF SOLVING CONFLICT OF LAWS PROBLEM:1. Court might refuse to hear the case and dismiss it on ground of lack of jurisdiction or forum nonconveniens2. Court might decide the case by its own local law3. Court might decide the case by special rules formulated to address the problem