CONFLICT OF LAWS: CHOICE OF LAW
PRINCIPLES PRINCIPLE I: LOCAL LAW
Section 6 of the U.S. Restatement (Second) o A general rule that when there is a
of Laws states: presence of a statutory directive
that mandates that the local law
Choice of Law principles – shall apply, it will be the default law
that will govern the relationship of
(1) A court, subject to constitutional the disputing parties.
restrictions, will follow a statutory
directive of its own state on choice o Renvoi doctrine provides that the
of law. court of the forum, in determining
the question before it, must take
(2) When there is no such directive, the into account the whole law of the
factors relevant to the choice of the other jurisdiction, and also its rules
applicable rule of law include as to conflict of laws, and then apply
the law to the actual question which
(a) the needs of the interstate and the rule of the other jurisdiction
international systems, prescribes.
(b) the relevant policies of the o In case of endless reference to two
forum, laws, the solution is: the court, after
looking at the conflicts-of-law of
(c) the relevant policies of other the foreign states, shall apply the
interested states and the directive of the latter’s laws.
relative interests of those
states in the determination of Illustrative Case:
the particular issue,
AZNAR V. GARCIA
(d) the protection of justified
expectations, Facts Edward, a US citizen, died in
the Philippines while domiciled
(e) the basic policies underlying therein leaving a will where he
bequeathed a sum of P3,600 to
the particular field of law,
Helen Garcia (illegitimate child)
and the rest of the estate to
(f) certainty, predictability and Mary Daney (legitimate child).
uniformity field of law, and Helen opposed the project of
partition of his father’s estate
(g) ease in the determination and arguing that it should be the
application of the law to be Philippine law that shall govern
the distribution of his father’s
applied.
estate. However, the CFI ruled
that it shall be the law of
California that will govern
successional rights and
intrinsic validity of the subject
will.
Reporter: BARATAMAN, Sittie Ainah T.
CONFLICT OF LAWS: CHOICE OF LAW
Issue Whether the California law is deemed to follow the
shall govern the testamentary person of its owner and is
dispositions of the testator. governed by the law of the
Rulings NO. Philippine law shall govern. owner's domicile.
4. Applying Article 946 of the
1. The law that govern the Civil Code of California and
validity of the testator’s following the doctrine of
testamentary disposition is renvoi, the question of the
defined in Article 16 of the validity of the testamentary
Civil Code of the provision in question should
Philippines: be referred back to the law
of the decedent’s domicile,
Real property as well as which is the Philippines.
personal property is subject
to the law of the country
PRINCIPLE II: NEEDS OF THE INTERSTATE
where it is situated.
AND INTERNATIONAL SYSTEMS
However, intestate and
testamentary successions, o Courts must consider the needs of
both with respect to the
interstate and international
order of succession and to
the amount of successional systems.
rights and to the intrinsic
validity of testamentary o These needs refer mostly to free
provisions, shall be international trade.
regulated by the national
law of the person whose o Formulation of principles and
succession is under
reconciliation of multistate laws.
consideration, whatever
may be the nature of the
property and regardless of Illustrative case:
the country wherein said
property may be found. HILTON V. GUYOT
2. What is the national law
Facts Hilton (Plaintiff) and Libbey
referred to under Article 16
(Plaintiff), New York citizens
of the Civil code of the
trading in Paris, were sued in
Philippines in this case?
France by Guyot (Defendant),
Ans: Law of the State of
the administrator of a French
California.
firm, for sums allegedly owed
to that firm. The Plaintiffs
3. What is the law of California
appeared and litigated the
governing the disposition of
merits in the French
personal property?
proceeding. The French court
Ans: Under the California
rendered a judgment against
Probate Code, a testator
them that was affirmed by a
may dispose of his property
higher court and became final.
by will in the form and
Defendant then sought to
manner he desires. Also
enforce that judgment in
under Article 946 of the Civil
federal district court in New
Code of California states
York. That court held the
that if there is no law to the
judgment enforceable without
contrary, personal property
retrial on the merits. The
Reporter: BARATAMAN, Sittie Ainah T.
CONFLICT OF LAWS: CHOICE OF LAW
Plaintiffs then appealed to the However, they were
U.S. Supreme Court. prematurely terminated and
Issue Whether laws have any effect, upon return to the Philippines,
of their own force, beyond the they sued AIBC and BCII for
limits of the sovereignty from illegal dismissal and monetary
which its authority is derived. claims. However, Bahrain had a
Rulings Depends. Comity, in the legal law governing prescriptions of
sense, is neither a matter of actions. Article 156 of Amiri
absolute obligation, on the Decree No. 23 of 1976 provided
one hand, nor of mere that “a claim arising out of a
courtesy and goodwill upon contract of employment shall
the other. But it is the not be actionable after the
recognition which one nation lapse of one year from the date
allows within its territory, to of the expiry of the contract”.
the legislative, executive, or Issue Whether Amiri Decree No. 23
judicial act of another nation, could be applied in our
having due regard both to jurisdiction.
international duty and Rulings NO. Amiri Decree No. 23 is
convenience, and to the rights contrary to our public policy
of its own citizens, of other on the protection of labor.
persons who are under the
protection of its laws.
PRINCIPLE IV: RELEVANT POLICIES OF
OTHER INTERESTED STATES
PRINCIPLE III: RELEVANT POLICIES OF THE
o It involves application of the law of
FORUM
the state whose interest is more
impaired. This is only applicable
o It involves striking down by the when there is a real conflict.
forum courts of foreign laws which
go against the policies or values, o In determining whose interest is
which are of the highest import, of more impaired, courts are
the local jurisdiction. encouraged to engage in a
governmental interest analysis test.
o In a case where it implicates a
foreign law, the courts, upon Steps:
considering protection for labor to
be of highest import, may strike a) Determining the similarities or
down such foreign law if it is differences between the
prejudicial to the interest of labor. relevant law of the affected
jurisdictions with regard to the
Illustrative case: issue in question
CADALIN, ET AL. V. POEA b) If there is a difference, the court
ADMINISTRATOR examines each jurisdiction’s
interest in the application of its
Facts Petitioners were recruited by own law to determine whether
AIBC and were employed by
a true conflict exists.
BCII. Some of them were
deployed to work in Bahrain.
Reporter: BARATAMAN, Sittie Ainah T.
CONFLICT OF LAWS: CHOICE OF LAW
c) If the court finds there is a real Illustrative case:
conflict, it carefully evaluates
and compares the nature and FRANCISCO V. STOLT ACHIEVEMENT MT
strength of the interest of each
jurisdiction to determine which Facts Francisco, a Philippine national,
interest is more impaired if its was injured while working on
policy were subordinated by the board the M/T Stolt
Achievement, a vessel operated
policy of other state.
by Stolt Nielsen Transportation
Illustrative case: Group, Inc. Thereafter, he sued
Stolt before a Louisiana State
BUTLER V. ADOPTION MEDIA, LLC Court. However, Stolt removed
the case to federal district court
Facts Michael and Richard Butler on the ground that Francisco
were registered domestic signed an employment contract
partners in California. They with the stipulation that “in the
applied to have their profile event of claims and disputes
posted on [Link], arising from this employment,
an adoption website operated the parties agree to arbitrate
by Adoption Media, LLC. Their their disputes in the
application was denied on the Philippines.”
ground that their service was Issue Whether Francisco shall be
not available to same-sex compelled to arbitrate his claims
partners. Butlers sued against Stolt.
Adoption Media, LLC for Ruling YES. Per his employment
violation of Unruh Civil Rights contract, Francisco is compelled
Act. to arbitrate his claims against
Issue Whether California law Stolt.
governs the claim of Butlers.
Rulings YES. California law governs the Whenever the scope of
claim of Butlers. arbitration clause is in question,
the court should construe the
1. The laws of the two states clause in favor of arbitration.
differ in some respects;
2. There is a real conflict PRINCIPLE VI: BASIC POLICIES
between the laws of the two
UNDERLYING THE PARTICULAR FIELD OF
states;
3. The interest of California will LAW
be more impaired.
o The reasons and objectives of the
PRINCIPLE V: PROTECTION OF JUSTIFIED laws in question should be given
EXPECTATIONS consideration.
Illustrative case:
o When parties specify a particular
law to govern their legal relations,
HANCOCK V. WATSON
courts must enforce this choice of
law, unless it is contrary to a
statutory directive of the forum Facts David filed a complaint for
alienation of affection against
court or contravenes public policy.
Roger after knowing that the
latter established an affair with
Reporter: BARATAMAN, Sittie Ainah T.
CONFLICT OF LAWS: CHOICE OF LAW
his wife, Lori. The married connection to the occurrence and
couple are residents of the parties involved.
Tennessee. Roger claimed that
Tennessee Law shall be applied
o In torts, courts usually choose
and that the tort of alienation of
between lex loci delicti and the
affection had been abolished.
On the other hand, the most significant relationship.
Mississippi Law shall be applied
because the tort was Illustrative case:
committed therein and where
alienation of affection remains a DOWIS V. MUD SLINGER
tort.
Issue Whether Mississippi Law is
applicable in this case. Facts Mud Slingers had workers'
Ruling The law that is applicable is the compensation insurance in
law of the place where the tort Missouri, where Dowis filed his
occurred. claim and received benefits.
Dowis later filed this tort
action in Georgia seeking
PRINCIPLE VII: CERTAINTY, damages against Mud
PREDICTABILITY, AND UNIFORMITY OF Slingers and Graves. Dowis
RESULT argued that, under Missouri's
workers' compensation law, he
could collect benefits and bring
o Formulation of the principles of res a tort action against Mud
judicata and stare decisis promotes Slingers and/or Graves. The
stability in judicial decisions. trial court applied the
exclusive remedy provision
of the Georgia Workers'
o Res Judicata is the doctrine that a
Compensation Act, OCGA §
final judgment on the merits
34-9-11 et seq., and the lex
rendered by a court of competent loci delicti rule as to the
jurisdiction is conclusive between applicable choice of
the parties and their successors-in- substantive law. Dowis want
interest. both the substantive law of
Missouri and Georgia to apply
at the same time
o Stare Decisis obliges courts to
where it benefits them; he
adhere to prior rulings, especially want to pick and choose
those set by higher courts, to which state's law most
ensure consistency. benefits
them, applying some of one
o Lex Loci Delicti means law of the and some of another.
Issue Whether Georgia should apply
place where the wrong was
the most significant
committed. relationship rule instead of the
lex locu delicti rule.
o Most Significant Relationship test is Rulings NO. The doctrine of lex loci
a legal doctrine used in conflict of delicti has served the
laws cases. It helps determine resolution of conflict of laws
which state law should apply to a issues in tort
actions in this State for nearly
dispute by considering which state
100 years. It is desirable to
has the most substantial have stability and certainty in
Reporter: BARATAMAN, Sittie Ainah T.
CONFLICT OF LAWS: CHOICE OF LAW
the law; therefore, stare decisis State for nearly 100 years. It is
is a valid and compelling desirable to have stability and
argument for maintaining the certainty in the law; therefore,
doctrine stare decisis is a valid and
compelling argument for
maintaining the doctrine.
PRINCIPLE VIII: EASE IN THE
DETERMINATION AND APPLICATION OF PROOF OF FOREIGN LAW AND DOCTRINE
THE LAW TO BE APPLIED OF PROCESSUAL PRESUMPTION
o Simply put, apply the law which has GR: Foreign Laws must be properly
been applied before. pleaded and proved before they are
admitted into evidence.
Facts Mud Slingers had workers'
compensation insurance in XPNs:
Missouri, where Dowis filed his
claim and received benefits. 1) Presentation of a foreign-licensed
Dowis later filed this tort attorney who will testify in open
action in Georgia seeking
court concerning her knowledge of
damages against Mud
Slingers and Graves. Dowis the law in question;
argued that, under Missouri's
workers' compensation law, he 2) Administrative agencies
could collect benefits and bring recognizing foreign laws without
a tort action against Mud proof thereof;
Slingers and/or Graves. The
trial court applied the
3) Lack of objection to the improper
exclusive remedy provision
of the Georgia Workers' presentation; and
Compensation Act, OCGA §
34-9-11 et seq., and the lex 4) Laws published in official
loci delicti rule as to the government websites.
applicable choice of
substantive law. Dowis want
Illustrative Case:
both the substantive law of
Missouri and Georgia to apply
at the same time NORSE MANAGEMENT CO. V. NATIONAL
where it benefits them; he SEAMEN BOARD
want to pick and choose
which state's law most Facts Restituta filed a complaint for
benefits death compensation benefits,
them, applying some of one accrued leave pay and time-off
and some of another. allowance, funeral expenses,
Issue Whether Georgia should apply and attorney’s fees in
the most significant connection with the death of
relationship rule instead of the her husband. She contended
lex locu delicti rule. that the law of Singapore
Rulings NO. The doctrine of lex loci should govern the grant of
delicti has served the benefits to her husband
resolution of conflict of laws although such law was not
issues in tort actions in this presented.
Reporter: BARATAMAN, Sittie Ainah T.
CONFLICT OF LAWS: CHOICE OF LAW
Issue Whether the National Seamen
Board can take judicial notice
of Singapore law absent proof
thereof.
Rulings YES. Administrative agencies
are not bound by technical
rules of procedure.
o Doctrine of Processual Presumption
provides that the effect of failure to
prove foreign law is that local law
will become the governing law of
the contract or dispute of the
parties.
Reporter: BARATAMAN, Sittie Ainah T.