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PRIL: II. JURISDICTION & CHOICE OF LAW, ADDT'L CASES: - Coggle…

- - - - THE PROBLEM OF RENVOI
        
        NOTICE & PROOF OF FOREIGN LAW
        
        A. EXTENT OF JUDICIAL NOTICE
        
        B. PROOF OF FOREIGN LAW
        
        FOREIGN LAW MAY BE PROVEN BY:
        
        OFFICIAL PUBLICATION OF THE LAW
        
        COPY OF LAW:
        a. ATTESTED BY OFFICER-CUSTODIAN or HIS DEPUTY
        b. + CERTIFICATE OF CUSTODY IF NOT IN THE PH
        Foreign law may be proved by presenting either of the following:
        
        1.an official publication of the law; or
        2.a copy of the law attested by the officer having the legal custody of the record, or by his deputy. If such record is not kept in the Philippines, it must be accompanied with a certificate that such officer has the custody.
        
        TO PROVE DOCS EXECUTED ABROAD MUST BE:
        
        DULY AUTHENTICATED BY PHILIPPINE CONSUL
        
        WITH A CONSULAR SEAL ATTACHED
        Aside from the official publication or a copy of the foreign law, there are also other documents which may be required to be presented in court in order to prove a cause of action.
        
        In the case of proof documents executed abroad, it is mandated by law that any public document executed abroad to be used in the Philippines must be duly authenticated by the Philippine consul attaching his consular seal. This mandatory requirement must first be complied with before such document will be received by the court.
        
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        C. EXCEPTIONS TO THE APPLICATION OF FOREIGN LAW
        
        COURT OF ADMINISTRATIVE AGENCY SHOULD APPLY FOREIGN LAW
        Under the principles of comity and reciprocity, the court of administrative agency should look into the application of foreign law and apply it.
        
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        OFFICIAL ACTS OR RECORDS OF SOVEREIGN, PH OR FOREIGN, WRITTEN
        Public documents are:
        Rule 132 Sec. 19 (a) The written official acts, or records of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;
        
        OFFICIAL ACTS ARE PROVEN BY:
        
        OFFICIAL PUBLICATION; OR
        
        ATTESTED COPY BY:
        a. CUSTODIAN or HIS DEPUTY
        b. IF NOT IN PH, CERTIFICATE OF CUSTODY
        Section 24. Proof of official record. –
        The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his or her deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody.
        
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        DOES NOT INCLUDE:
        
        NOTARIZED ABROAD DOCS
        Sec.24 does not include docs acknowledged before a notary public abroad (Sps. Fabre v. CA)
        
        Rule 132, Section 24. Proof of official record. – The
        record of public documents referred to in
        paragraph (a) of Section 19, when admissible
        for any purpose, may be evidenced by an
        offi cial publication thereof or by a copy
        attested by the offi cer having the legal
        custody of the record, or by his deputy, and
        accompanied, if the record is not kept in
        the Philippines, with a certifi cate that such
        offi cer has the custody. If the offi ce in which
        the record is kept is in a foreign country,
        the certifi cate may be made by a secretary
        of the embassy or legation, consul general,
        consul, vice consul, or consular agent or
        by any offi cer in the foreign service of the
        Philippines stationed in the foreign country
        in which the record is kept, and authenticated
        by the seal of his offi ce. (25a)
        
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        DOC IS PUBLIC DOC AS PER TREATY
        (c) Documents that are considered public documents under treaties and conventions which are in force between the Philippines and the country of source; and
        
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        COMMON LAW PRACTICE ADOPTED BY PHILIPPINES
        When the court is called upon to decide a case based on a foreign law the common law practice, which has been adopted in the Philippines,
        
        BURDEN OF PROOF:
        PARTY WHOSE COA DEPENDS ON A FOREIGN LAW HAS BURDEN TO PROVE FOREIGN LAW
        
        FOREIGN LAW IS TREATED AS A QUESTION OF FACT
        a. MUST BE PROPERLY PLEADED
        b. MUST BE PROVEN IN CONFORMITY WITH THE LAWS OF EVIDENCE OF THE STATE WHERE IT IS PRESENTED
        is that the party whose cause of action or defense depended upon the foreign law has the burden of proving the foreign law. Such foreign law is treated as a question of fact to be properly pleaded and proved1 in conformity with the law of evidence of the state where it is presented.
        
        RATIONALE: JUDGE IS NOT AUTHORIZED TO TAKE JUDICIAL NOTICE OF A FOREIGN LAW
        PRESUMED TO KNOW ONLY DOMESTIC LAW
        The rationale is that a judge is not authorized to take judicial notice of a foreign law and is presumed to know only domestic law.
        
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        A. DEFINITION
        
        RENVOI IS A PROCEDURE WHEREBY A JURAL MATTER PRESENTED IS REFERRED BY CONFLICT OF LAW RULES TO A FOREIGN STATE
        Renvoi is a procedure whereby a jural matter presented is referred by the conflict of laws rules of the forum to a foreign state, the conflict of laws rule of which, in turn, refers the matter to the law of the forum or a third state.
        When reference is made back to the law of the forum, there is a "remission" while reference to a third state is called transmission.
        
        DOMICILIARY + NATIONALITY LAWS ARE APPLIED TO THE SAME INDIVIDUAL
        The use of renvoi in choice of-law analysis has not received worldwide acceptance. In jurisdictions which have recognized it, renvoi has been employed in cases where the domiciliary and nationality laws are applied with the same individual in issues involving succession, domestic relations and real properties.
        AMERICANS RARELY LOOK AT THE CHOICE OF LAW RULES OF ANOTHER STATE
        American courts rarely look to the choice: of-law rules of another state; that is, they refer only to the law that the foreign court would apply if the case were a purely domestic problem. The Uniform Commercial Code which contains a number of references w the "whole" law of a foreign state and Restatement Second are the few exceptions that encourage the use of renvoi, albeit, on a limited scale
        
        B. VARIOUS WAYS OF DEALING WITH THE PROBLEM OF RENVOI
        
        4 POSSIBLE WAYS OF DEALING WITH RENVOI
        Prof. Griswold identifies four possible ways of dealing with the problem of renvoi.
        
        REFER JUST TO THE INTERNAL LAW =
        NO CONFLICT-OF-LAWS COMPLICATION
        First, if the conflicts rules of the forum refer the case to the law of another state, it is deemed to mean only the internal law of that state. The "internal,,. law is that which would be applied to a domestic case that has no conflict-of-laws complications. The forum court in applying this "internal law" rejects the renvoi.
        REFER BACK OR TO ANOTHER STATE'S WHOLE LAW, INCLUDING CHOICE OF LAW RULES
        Second, the court may accept the renvoi and refer not just to another state's "internal" law but to the "whole" law which includes choice-of-law rules applicable in multi-state cases
        
        AZNAR v. GARCIA
        REMISSION
        
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        4 TYPES OF RENVOI:
        
        TRANSMISSION
        
        REMISSION
        
        DESISTANCE or MUTUAL DISCLAIMER
        
        "FOREIGN COURT"
        
        C. USEFULNESS OF RENVOI
        
        RENVOI HAS BEEN USED TO AVOID UNJUST RESULTS
        Although many courts in the United States have found little usefulness for renvoi it has been used to avoid unjust results.
        
        UNIVERSITY OF CHICAGO v. DATER
        
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        OBJECTIONS TO RENVOI
        
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        MA'AM: RENVOI IS AN ESCAPE DEVICE
        This is because the Court may CHOOSE to accept or reject the Renvoi.
        (Accept the Renvoi or Reject the Renvoi?)
        
        MA'AM: RENVOI vs ACCEPTANCE OF RENVOI
        (Renvoi is not yet the acceptance of renvoi.)
        You file a case to State A, then the judge says "this pertains to who will succeed a foreigner; well we follow Art. 15 on nationality; thus, we will look into the nationality of the foreigner." This is not renvoi yet
        Renvoi happens when the Court decides to "Look at the foreign law"
        (Acceptance: Para siyang pag-sunod sa choice-of-law rule ng ibang state
        Rejection: When the Court does NOT follow the choice-of-law rule of the foreign state)
        
        MA'AM: RESORT IS MADE TO ESCAPE DEVICES
        
        CHARACTERIZE THEN RE-CHARACTERIZE
        
        DON'T RE-CHARACTERIZE, THEN DEPECAGE
        
        DON'T DEPECAGE, THEN RENVOI
      - A. CHARACTERIZATION AND THE
        SINGLE ASPECT METHOD
        
        SINGLE ASPECT METHOD:
        CONCENTRATION ON ONE ELEMENT
        Choice-of-law · theories have traditionally concentrated on one element of a situation in order to connect the case to a particular legal community.
        
        MULTI-ASPECT METHOD:
        
        ALL IMPORTANT FACTORS
        a. TERRITORIAL & NON-TERRITORIAL
        b. POLICIES & PURPOSES UNDERLYING PARTICULAR LEGAL RULES
        c. NEEDS OF INTERSTATE/INTERNATIONAL INTERCOURSE
        There is a modern approach to choice-of-law which is called the multi-aspect method.
        
        Here, all important factors of the case both territorial and non-territorial, are analyzed and the applicable law is arrived at by "rationally elaborating and applying the policies and purposes underlying the particular legal rules that come in question as well as the needs of interstate or international intercourse."
        
        RATIO: JUST RESOLUTION
        Its end is to reach a just resolution for the case at hand.
        The Philippines follows the single-aspect method and our conflicts rules are mostly found in the Civil Code.
        
        Article 15 Laws relating to family rights and duties, or to the status, condition and legal capacity of persons· are binding upon citizens of the Philippines, even though living abroad. (9a)
        
        LEX REI SITAE
        Article 16. Real property as well as personal property is subject to the law of the country where it is stipulated.
        However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a)
        
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        CONTRACT -> PLACE OF CONTRACTING
        TORT -> WHERE TORT OCCURRED
        This is called the single aspect method wherein, for example, an issue determined as contractual is immediately referred to the place of contracting, while one that is tortious is assigned the law of place where the tort occurred.
        
        GOAL: SIMPLICITY, CONVENIENCE, UNIFORMITY
        The obvious goal of this method is to foster simplicity, convenience and uniformity of results.
        
        1. SUBJECT-MATTER CHARACTERIZATION
        
        CHARACTERIZATION =
        ASSIGN QUESTION TO LAW
        Characterization is defined as the process by which a court at the beginning of the choice-of-law process assigns a disputed question to an area in substantive law such as torts contracts, family law or property.
        
        PROBLEMATIC IN COL
        It is a process lawyers and judges do as part of legal analysis. In conflict-of-laws situations, characterization becomes a pervasive problem since at least two jurisdictions with divergent laws are involved.
        
        2 TYPES OF CHARACTERIZATION:
        
        SUBJECT-MATTER CHARACTERIZATION:
        a. FACTUAL SITUATION TO LEGAL CATEGORY
        There are two types of characterization, the first of which calls for classification by a court .of a factual situation into a legal category. This is referred to as subject-matter characterization.
        
        It is of appreciable significance in a single-aspect method because the legal category to which an issue is assigned determines the governing law.
        
        GIBBS v. GOV'T OF PI
        
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        2. SUBSTANCE-PROCEDURE DICHOTOMY
        
        SUBSTANTIVE = FOREIGN LAW
        PROCEDURAL = FORUM LAW
        The second type of characterization is the substance-procedure characterization which directs the court to the extent it will apply foreign law.
        If the issue is substantive, the court may apply foreign law but if it is procedural, if it is suppose to follow the law of the forum.
        (IF IMPRACTICAL = PROCEDURAL)
        
        RATIONALE: RIGHTS & DUTIES SHALL NOT BE SUBSTANTIALLY VARIED BECAUSE OF THE FORUM WHERE THE ACITON IS BROUGHT
        The reason for applying forum law to matters of procedure is herein explained:
        "One of the chief ends secured by a rational system of Conflict of Laws rules is that the rights and duties of parties arising from a legal situation shall not be substantially varied because of the forum in which an action is brought to settle disputed questions arising out of the situation.
        
        RATIO: INTERNATIONAL COMMERCE COULD HARDLY CONTINUE WITH SUCH HAZARDS
        International commerce, to give but one example, could hardly continue if parties were frequently exposed to the hazards and unknown requirements of foreign laws.
        For this reason when a case involving foreign elements is presented, the courts of all civilized . states now decline the easy and obvious solution of ignoring foreign law and treating the case as a purely domestic one; instead, they seek, by reference to the foreign law deemed appropriate, to protect parties against a substantial change of position because of the fortuitous circumstance that suit is brought in that particular state......
        
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        STATUTE OF FRAUDS
        
        STATUTE OF FRAUDS = SUBSTANTIVE IN FORBIDDING TO CREATE :hand: AN OBLIGATION
        ENFORCEMENT :cop: = PROCEDURAL
        The Statute of Frauds is considered as substantive if the words of the law relate to forbidding the creation of obligation. In contrast, one that forbids the enforcement of the obligation is categorized as procedural;
        
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        STATUTES OF LIMITATIONS & BORROWING STATUTES
        
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        B. DEPECAGE
        
        DEPECAGE = DIFFERENT ASPECTS GOVERNED BY DIFFERENT SYSTEMS
        Depecage (from the French "depecer" meaning "to dissect") is a term for the phenomenon where "different aspects of a case involving a foreign element may be governed by different systems of laws. "
        
        FAMILY LAW vs SUCCESSION
        Professors Von Mehren and Trautman give a hypothetical case of a man who dies intestate domiciled in State A and with movable property in State B. The conflict rules of State A refer to the laws of the domicile to determine how the man's estate should be divided.
        The intestate law of State B gives the widow a definite share in the estate of the deceased. However, the determination of whether or not the woman who claims a share in the estate is a "wife" is referred to family law, not the laws on succession.
        INCIDENTAL QUESTIONS
        The issues of what laws govern movable properties and the successional rights of a spouse are of primary importance because they "embody the substance of the claim" while the validity of the marriage to the deceased "affects the solution because -it · answers a preliminary or incidental ques ion_.
        The presence of an incidental question is one instance which calls for the employment of depecage.
        PURPOSE :<3:
        ALLOWS OTHER RELEVANT INTERESTS TO BE ADDRESSED
        Since a single element of a case is made to relate it to one legal system; the depecage technique allows the . other relevant interests of the parties to be addressed. The effect is to permit the courts. to .arrive at a functionally sound result without rejecting the methodology of the traditional approach. This nuanced single-aspect method employs depecage by choice.
        
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        1987 Consti, ART. XIII SECTION 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
        It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
        The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
        The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.
        
        CHARACTERIZATION
        
        Lex Domicili - Domicile
        Lex Situs (Lex Rei sitae) - Property's place
        Lex Loci Delicti - Place of Crime
        Lex Loci Delicti Comissi - Place of Tort
        Lex Loci Contractus - Place of contracting
        
        MA'AM: PROCESS
        The process by which a court at the beginning of the choice of law process assigns a disputed question to an area in substantive law
        
        A. METHODS
        Single Aspect Method - Concentration on one element
        Multi Aspect Method - All important factors
        CHARACTERIZATION
        Characterization = Assignment of question to Law
        2 Kinds of Characterization
        
        Subject Matter - Depends on facts
        
        Substantive-Procedural Dichotomy - Depends on type of law
        
        B. DEPECAGE*
        Characterize issue-by-issue
        Cutting up issues instead of characterizing the whole case
      - MA'AM: CHARACTERIZATION MAY BECOME AN ESCAPE DEVICE
        Characterization becomes an escape device when an initial characterization will result in an unjust result, the Court will "re-characterize" the case to escape such unjust result.
    - - EXERCISE OF JURISDICTION & CHOICE OF LAW DECISIONS ARE RELATED IN 3 IMPORTANT WAYS
        
        SAME FACTORS FOR JURISDICTION USED FOR CHOICE OF LAW
        The exercise of jurisdiction and choice of law decisions are related in three important ways. First, the factors that will justify the forum court's exercise of judicial jurisdiction may be the same factors that will determine whether or not it is proper for the forum to apply its own internal law.
        
        FORUM MAY HAVE A REAL INTEREST -> FOREORDAINED
        a. PRACTICAL EFFECT: PLAINTIFF BRINGS SUIT IN STATE WHICH HAS REAL INTEREST
        Second, if the forum does apply its internal law because it has a real interest in the case, then the outcome of the case will be foreordained by the forum where the suit is brought. The practical effect of this is that the plaintiff will bring his suit in the state which has a real interest in applying its internal law.
        
        FORUM MOST LIKELY WILL APPLY ITS OWN LAW
        Third, since in practice the forum will most likely apply its own law rather than displace it in favor of a foreign law, the plaintiff will predictably bring his claim in the courts of the state the internal law of which is favorable to him.
        
        JURISDICTION vs CHOICE OF LAW
        
        MAY EXERCISE JURISDICTION BUT WILL NOT APPLY ITS OWN LAW
        
        NO JURISDICTION, BUT INTERNAL LAW IS PROPER LAW
        Analytically, however, jurisdiction and choice of law are two distinct concepts. There are cases over which the forum court may exercise jurisdiction but to which it will not apply its own law.
        
        On the other hand, there are cases over which the forum cannot assume jurisdiction, although its internal law may be applied as the proper law.
      - B. APPROACHES TO CHOICE OF LAW
        
        2 QUESTIONS ANSWERED BY
        CHOICE OF LAW
        
        LEGAL SYSTEM
        
        EXTENT IT REGULATES SITUATION
        All choice of law problems seek to answer two important questions: 1) What legal system should control a case where some of the significant facts occurred in two or more states?; and 2) to what extent should the chosen legal system regulate the situation?
        
        JUSTICE vs PREDICTABILITY
        Several theories have been propounded to identify the legal system that should ultimately control.
        Although, Ideally, all choice-of-law theories should advance both notions of justice and predictability, they do not always do so. The forum is then faced with the problem of deciding which of these two important values should be stressed.
        
        PROFESSORS ARTHUR VON MEHREN & DONALD TRAUTMAN CLASSIFIES SEVERAL THEORIES AS TRADITIONAL & MODERN
        TRADITIONAL APPROACH:
        PRINCIPLES OF SIMPLICITY, CONVENIENCE, & UNIFORMITY
        MODERN APPROACH:
        REACHING APPROPRIATE RESULTS IN PARTICULAR CASES
        Professors Arthur Von Mehren and Donald Trautman classify these choice-of-law theories into those which emphasize the principles of simplicity, convenience and uniformity, to refer to the traditional approach and those which relate to "reaching appropriate results in particular cases, " 2 to pertain to the modern approach.
        
        1. TRADITIONAL APPROACH
        
        VESTED RIGHTS THEORY
        
        TRADITIONAL LEARNING'S RATIONALE IS THAT CHOICE OF LAW RULES ARE:
        
        CAPABLE OF EASY ADMINISTRATION
        
        WOULD PROMOTE UNIFORMITY OF RESULT
        
        ENHANCE PREDICTABILITY; AND
        
        DISCOURAGE FORUM SHOPPING
        Traditional learning is anchored on the principle that choice-of-law rules that are "simple in form and capable of easy administration, would promote uniformity of result, enhance predictability and discourage forum-shopping."
        
        PREMISE BEHIND THE VESTED RIGHTS THEORY BY PROF. JOSEPH BEALE
        This is the premise behind the vested-rights theory advanced by Prof. Joseph H. Beale, which he incorporated into the first Restatement of Conflict of Laws.
        BEALE LOCATES SOURCE OF CHOICE OF LAW RULES IN A NORMATIVE SYSTEM NOT CONFINED TO LAW OF ONE STATE ONLY
        Beale's theory locates source of choice-of-law rules in a normative system that is not confined to the law of one specific state.
        
        AS PER THE VESTED RIGHTS THEORY:
        AN ACT DONE IN A FOREIGN JURISDICTION GIVES RISE TO EXISTENCE OF A RIGHT IF THE STATE'S LAW PROVIDE SO
        Under the vested-rights theory, an act done in a foreign jurisdiction gives rise to the existence of a right if the laws of that state provides so.
        
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        LOCAL LAW THEORY
        
        PROFESSOR WALTER WHEELER ESPOUSES LOCAL LAW THEORY
        Professor Walter Wheeler Cook's local law theory "subjects the traditional views . . . to destructive analysis in the name of scientific empiricism."
        HE REJECTED DEDUCTION FROM GENERAL PRINCIPLES AS A MEANS TO ASCERTAIN POSITIVE LAW
        He rejected "deduction from general principles as a means to ascertain positive law,,. and instead proposed to unearth rules by looking at the cases and other concrete phenomena, including the behavior of judges.
        
        COOK'S OBSERVATIONS
        
        POWER OF A STATE TO REGULATE WITHIN ITS TERRITORY HAS NO LIMITATION
        a. EXCEPT SUCH AS MAY BE IMPOSED BY ITS OWN POSITIVE LAW
        
        IN CONFLICT OF LAWS PROBLEMS, THE COURT DOES NOT ENFORCE A FOREIGN RIGHT...
        a. BUT A RIGHT CREATED BY ITS OWN LAW BY TREATING A CASE AS PURELY A DOMESTIC CASE WITHOUT A FOREIGN ELEMENT
        Cook observed that, first, "the power of a state to regulate within its territory has no limitation, except such as may be imposed by its own positive law" and,
        
        second, that in conflict of Laws problems the court does not enforce a foreign right but a right created by its own law by treating a case as a purely domestic case that does not involve a foreign element.
        
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        CAVERS' PRINCIPLES OF PREFERENCE
        
        CHOICE OF LAW SHOULD BE DETERMINED BY "CONSIDERATIONS OF JUSTICE & SOCIAL EXPEDIENCY"
        The thesis of Prof. David F. Cavers' article entitled "A Critique of the Conflict of Laws Problem" was that choice of law should be determined by "considerations of justice and social expediency" and should not be the result of the mechanical application of a rule or principle of selection.
        
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        Justice & social expediency
        
        Problem: treats the case as a purely domestic case
        Leaves the sovereign to do as it pleases
        
        LEX LOCI
        The law of the country in which a transaction is performed, a tort is committed, or a property is situated.
        
        MOST STATES REJECT THE TRADITIONAL APPROACH, BUT SOME COURTS STILL FOLLOW IT BECAUSE OF THE PERCEIVED UNCERTAINT OF POLICY-ORIENTED APPROAHCES
        Most states have eschewed the rigidity inherent in the traditional approach. However, a number of courts still follow it in reaction to the perceived uncertainty of the policy oriented approaches.
        
        2. MODERN APPROACHES
        
        PLACE OF THE MOST SIGNIFICANT RELATIONSHIP
        
        REJECTS THE THE "LAST ACT OCCURRED" APPROACH BUT INSTEAD RELIED ON A PLURALITY OF FACTORS IN LIGHT OF
        CHOICE-OF-LAW PRINCIPLES
        The Second Restatement prepared under the auspices of Prof. Willis Reese, rejected the single connecting factor of the place where the "last act" occurred and adopted an approach which identified a plurality of factors that must be considered in the light of choice-of-law principles. This was referred to as the "most significant relationship" approach.
        
        CHOICE-OF-LAW PRINCIPLES ARE ACCOUNTED FOR BY THE MODERN APPROACH, SUCH AS:
        Among these choice-of-law principles were
        
        NEEDS OF THE INTERSTATE & INTERNATIONAL SYSTEM
        (a) the needs of the interstate and international system;
        
        RELEVANT POLICIES OF THE CONCERNED STATES
        (b) relevant policies of the concerned states;
        
        RELEVANT POLICIES OF:
        a. OTHER INTERESTED STATES; and
        b. RELATIVE INTEREST OF THOSE IN DETERMINATION OF PARTICULAR ISSUE
        (c) the relevant policies of other interested states and the relative interest of those in the determination of the particular issue;
        
        PROTECTION OF JUSTIFIED EXPECTATIONS OF PARTIES
        (d) the protection of justified expectations of the parties;
        
        BASIC POLICIES UNDERLYING PARTICULAR FIELD OF LAW
        (e) the basic policies underlying the particular field of law;
        
        CERTAINTY, PREDICTABILITY & UNIFORMITY OF RESULT
        (f) certainty, predictability and uniformity of result; and
        
        EASE IN DETERMINATION & APPLICATION OF LAW TO BE APPLIED
        (g) ease in the determination and the application of the law to be applied
        
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        INTEREST ANALYSIS
        
        CURRIE CRITICIZED AUTEN
        
        IT FAILED TO PROVIDE A STANDARD:
        a. TO DETERMINE WHICH CONTACTS WERE SIGNIFICANT
        b. TO EVALUATE THE IMPORTANCE OF A GROUP OF CONTACTS
        Professor Brainerd Currie attacked the Auten decision for its failure to provide any standard to determine which of the contacts were significant and evaluate the relative importance of a group of contacts.
        
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        COMPARATIVE IMPAIRMENT
        
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        CONSIDERATIONS
        
        Policy behind relevant law
        
        Interest each state had in applying own law
        
        MA'AM:
        PROBLEMATIC WHEN APPLIED TO THE CRIMES
        In crimes, all the elements of the crime must have been shown to have occurred in that jurisdiction. All these measures are more apt for tortious conduct.
        
        MA'AM:
        We'll have two states
        Place of Conduct
        Place of Injury
        -State of Injury is the one signfiicant
        
        Lex Domicili - Domicile
        Lex Situs (Lex Rei sitae) - Property's place
        Lex Loci Delicti - Place of Crime
        Lex Loci Delicti Comissi - Place of Tort
        Lex Loci Contractus - Place of contracting
        Lex intetionis - Whatever the parties intended is fine (Choice of law)
  - - - JURISDICTION OVER THE PERSON
        
        JURISDICTION OVER THE RES
        
        JURISDICTION OVER THE SUBJECT MATTER
        
        COMPETENCY DETERMINED BY LAWS:
        
        CONSTITUTIONAL
        
        STATUTORY
        Constitutional and statutory laws allocate cases among the courts according to the nature of the controversy, thereby determining the competence of the court to try a case and render a judgment.
        
        COMPETENCE IS MORE THAN GENERAL POWER CONFERRED BY LAW TO TAKE COGNIZANCE OF CASES OFA GENERAL CLASS
        Subject matter jurisdiction or competence is "more than the general power conferred by law to take cognizance of cases of a general class to which the case belongs.
        INVOKED:
        BY FILING A PETITION
        It is not enough that a court has a power in abstract to try and decide the class of litigation to which a case belongs; it is necessary that said power be properly invoked... by filing a petition.
        
        COMPETENCY NOT CONFERED BY
        CONSENT OF PARTIES
        DECISION IF VOID IF:
        
        EXCEEDED JURISDICTION & POWER UPON REDNERING IT
        Subject matter jurisdiction cannot be conferred by consent of the parties and a "decision is void and may be set aside either directly or collaterally, where the court exceeds its jurisdiction and power in rendering it."'
        
        IDONAH PERKINS v. ROXAS
        
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        B. WAYS OF DEALING WITH A CONFLICTS PROBLEM
        
        COURT MAY EITHER:
        
        DISMISS FOR LACK OF JD
        a. LACK OF JURISDICTION
        b. HAS JD BUT FORUM NON CONVENIENS
        
        ASSUME JD + APPLY EITHER:
        a. FORUM LAW
        b. FOREIGN LAW
        When the court is faced with a conflict of laws problem, it may either: 1) dismiss the case for lack of jurisdiction or on the ground of forum non conveniens, or 2) assume jurisdiction· and apply either forum or foreign law.
        
        MA'AM: EVEN IF THE FORUM IS INCONVENIENT, THE COURT MAY STILL TRY THE CASE
        Even if it is inconvenient, the court has discretion to still try the case
        
        1. DISMISS THE CASE
        
        DOCTRINE OF FORUM NON CONVENIENS:
        "MORE SUITABLY TRIED ELSEWHERE"
        Doctrine of forum non conveniens
        Even if the court assumes [or can assume] jurisdiction over the parties and the subject matter, it may decline to try the ,case on the ground th.at the controversy may be more . suitably tried elsewhere. This is the doctrine of forum non conveniens.
        
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        ASSUME JURISDICTION
        
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        Rule 7, Section 5. Certification against forum shopping. – The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith:
        (a) that he [or she] has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his [or her] knowledge, no such other action or claim is pending therein;
        (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he [or she] should thereafter learn that the same or similar action or claim has been filed or is pending, he [or she] shall report that fact within five (5) calendar days therefrom to the court wherein his [or her] aforesaid complaint or initiatory pleading has been filed. The authorization of the affiant to act on behalf of a party, whether in the form of a secretary’s certificate or a special power of attorney, should be attached to the pleading
        Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his [or her] counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions. (5a)
        
        MA'AM: LIS ALIBI PENDENS = LITIS PENDENTIA
        
        MA'AM: RECAP - JUDGMENT OF ANOTHER JURISDICTION WILL NOT BE RECOGNIZED IF SUCH FOREIGN COURT HAD NO JURISDICTION IN THE FIRST PLACE
        
        JOTPr RESULTS EITHER FROM:
        
        SEIZURE OF PROPERTY
        a. UNDER A LEGAL PROCESS;
        OR
        
        INSTITUTION OF LEGAL PROCEEDINGS
        a. COURT'S POWER OVER PROPERTY IS:
        -i. RECOGNIZED
        -ii. MADE EFFECTIVE
        Jurisdiction over the property which is the subject matter of litigation results either from the seizure of the property under a legal process or from the institution of legal proceedings wherein the court's power over the property is recognized and made effective.
        
        IN AN ACTION IN REM :desert_island::
        
        SITUS COULD BIND THE WORLD
        a. NOT JUST INTEREST OF SPECIFIC PERSONS
        
        BASIS FOR EXERCISE OF JURISDICTION:
        a. PROPERTY'S PRESENCE WITHIN TERRITORIAL JURISDICTION OF THE FORUM
        
        This kind of jurisdiction is referred to as in rem jurisdiction in contrast to in personam jurisdiction. Where the action is in rem, the situs could "bind the world" and not just the interest of specific persons. The basis for the exercise of jurisdiction is the presence of the property within the territorial jurisdiction of the forum.
        
        EXAMPLES ARE:
        
        FORFEITURE OF TANGIBLE PROPERTY
        
        REGISTRATION OF LAND TITLE
        Examples are the forfeiture of tangible property and registration of land title.
        
        QUASI IN REM JURISDICTION :house:
        
        ALSO BASED ON STATE'S PHYSICAL POWER OVER PROPERTY IN ITS TERRITORY
        Another form of jurisdiction based on the state's physical power over property found within its territory is quasi in rem jurisdiction, but affects only interests of particular persons in that thing.
        
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        REM vs QUASI IN REM
        
        IN REM - BINDING AGAINST WHOLE WORLD
        
        QUASI IN REM - CONCLUSIVE ONLY BETWEEN PARTIES
        
        In Sandejas v. Robles:
        "The action quasi in rem differs from the true action in rem in the circumstance that in the former an individual is named as defendant, and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property.
        All proceedings having for their sole object the sale or other disposition of the property of the defendant, whether by attachment, foreclosure, or other form of remedy, are in a general way thus designated. The judgment entered in these proceedings is conclusive only between the parties."
        
        IN REM vs IN PERSONAM
        
        REM vs QUASI IN REM
        
        IN REM - BINDING AGAINST WHOLE WORLD
        
        QUASI IN REM - CONCLUSIVE ONLY BETWEEN PARTIES
        In Sandejas v. Robles:
        "The action quasi in rem differs from the true action in rem in the circumstance that in the former an individual is named as defendant, and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property.
        All proceedings having for their sole object the sale or other disposition of the property of the defendant, whether by attachment, foreclosure, or other form of remedy, are in a general way thus designated. The judgment entered in these proceedings is conclusive only between the parties."
        
        PERSONAM EXAMPLES
        
        Examples of actions in personam:
        1) Action for collection of sum of money and damages;
        2) Action for unlawful detainer or forcible entry;
        3) Action for specific performance;
        4) Action to enforce a foreign judgment in a complaint for a breach of contract.
        Actions in rem are actions against the thing itself. They are binding upon the whole world. 59 The phrase, "against the thing," to describe in rem actions is a metaphor. It is not the "thing" that is the party to an in rem action; only legal or natural persons may be parties even in in rem actions. 60 (Petitions directed against the "thing" itself or the res which concerns the status of a person)
        
        REM EXAMPLES
        
        Examples of actions in rem:
        1) Petition for adoption
        2) Correction of entries in the birth certificate
        3) Annulment of marriage; nullity of marriage
        4) Petition to establish illegitimate filiation
        5) Registration of land under the Torrens system
        6) Forfeiture proceedings
        7) Judicial reconstitution of certificates of title
        A proceeding quasi in rem is one brought against persons seeking to subject the property of such persons to the discharge of the claims assailed. 61 In an action quasi in rem, an individual is named as defendant and the purpose of the proceeding is to subject his interests therein to the obligation or loan burdening the property. 62 In an action quasi in rem, an individual is named as defendant. But, unlike suits in rem, a quasi in rem judgment is conclusive only between the parties. 63
        
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        TRADITIONAL BASIS FOR JURISDICTION:
        
        STATE'S PHYSICAL POWER OVER PERSONS & PROPERTY WITHIN TERRITORY
        From the cases, we see that the traditional basis for the exercise of judicial jurisdiction is the state's physical power over persons and property within its territory. This explains why the state can exercise in personam jurisdiction over a person who was served with summons while physically present in the state and why in in rem proceedings, it can exercise jurisdiction over. property situated in the state . regardless of whether it could otherwise exercise jurisdiction over the persons whose interest would be affected by the decision.
        
        PH RECOGNIZES DISTINCTIONS BETWEEN IN PERSONAM AND IN REM
        The Philippines continues to recognize these distinctions between in personam and in rem proceedings and as a result, Philippine courts still sustain the rationale in Pennoyer v. Neff
        
        IN US, IT HAS SHIFTED TO CONSIDERATIONS OF:
        
        MINIMUM CONTACTS
        
        FUNDAMENTAL FAIRNESS
        In the United States, the conceptual basis for the exercise of juridical jurisdiction has shifted from the theory of territorial power to considerations of minimum contacts and fundamental fairness. The US Supreme Court in International Shoe Co. v. Washington stated: "Due process requires .. . that a defendant. . . have certain minimum contacts such that the maintenance of the suit does not affect traditional notions of fair play and substantial justice."
        
        DEMANDS THAT CONTACTS MAKE IT FAIR TO REQUIRE DEFENDANT TO DEFEND SUIT
        This approach demands that there be forum-transaction contacts that will make it fundamentally fair to require the · defendant to defend a suit in the forum regardless of his non-resident status:
        
        CORPORATIONS DOING BUSINESS IN FORUM CAN BE SUED EVEN ON CLAIMS NOT ARISING FROM BUSINESS ACTIVITIES
        Likewise... where an individual or corporation is doing business in the state, then it may be sued in the forum even on a claim not arising from its business activities.
        
        CORPORATION'S PRESENCE = CONSENT
        A .corporation is deemed to have consented to "service and suit" an implied by "its presence in the state through acts of authorized agents." In this situation there are sufficient contacts between the forum and the defendant that justify the forum's exercise of jurisdiction.
        
        FUNDAMENTAL FAIRNESS:
        ADEQUATE NOTICE
        
        REASONABLENESS OF ACTUAL NOTICCE
        
        NOT LESS LIKELY THAN OTHER MEANS OF NOTICE
        In Mullane, the court emphasized the importance of and set the standard for adequate. notice. The Court pronounced !hat the manner notice was given should reasonably result in informing the affected partner. Moreover, when conditions do not allow such notice, the form·. chosen should not substantial be "less likely to bring home notice than other of the feasible and customary substitutes." Only when the defendant is adequately notified is he given the opportunity to defend himself and the due process requirement met.
        
        REQUIRED WHETHER, IN REM, QUASI IN REM, OR IN PERSONAM:
        
        MINIMUM CONTACTS AND
        
        FUNDAMENTAL FAIRNESS TEST
        In the landmark case of Shaffer v. Heitner, the United States Supreme Court defined the outer reaches of permissible .exercise of judicial jurisdiction when it held that the minimum contacts and fundamental fairness test should be satisfied regardless of whether the proceedings are in rem, quasi in rem or in personam.
        
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        MA'AM:
        Using the traditional sense, they decided in Pennoyer that service must have been made upon Neff while he was still in the country because what is sought to be enforced is a money judgment. The fact that his property was in Oregon did not make the lack of service upon him alright.
        
        MA'AM: IN THE PH, WE STICK TO TRADITIONAL BASIS
        
        QUESTIONS
        
        Traditional Basis or Minimum Contacts?
        a. If Traditional, was the person or property present in the territory of the forum?
        b. If minimum contacts, were there minimum contacts?
        
        ACQUIRED BY:
        VOLUNTARY APPEARANCE + SUBMISSION TO AUTHORITY
        Jurisdiction over the person is acquired by the voluntary appearance of a party and his submission to authority.
        
        JOTP OF PLAINTIFF:
        MOMENT: FILING SUIT
        The court acquires jurisdiction over the person of the plaintiff the moment he invokes the aid of the court by filing a suit.
        
        JOTP OF DEFENDANT:
        
        WHEN HE ENTERS HIS APPEARANCE
        
        SERVED WITH LEGAL PROCESS
        a. WITHIN THE STATE
        On the other hand, law authorizes jurisdiction over the person of the defendant when he enters his appearance or is served with the legal process within the state.
        
        JOTP OF DEFENDANT
        MOMENT: DEFENDANT/LAWYER APPEARS IN COURT
        When the defendant or his lawyer appears in court, he gives consent to the forum's exercise of jurisdiction over him except if he appears for the purpose of protesting the jurisdiction of the court.
        
        NON-RESIDENT PLAINTIFF WHO FILES SUIT CONSENTS TO JURISDICTION OVER
        
        SUBSEQUENT PROCEEDINGS
        a. ARISING FROM HIS ORIGINAL COA
        b. INCLUDING COUNTERCLAIMS
        Likewise, a non-resident plaintiff who files a suit is deemed to consent to the court's exercise of jurisdiction over subsequent proceedings arising out of his original cause of action including counterclaims filed by the defendant.
        
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        SERVICE OF PROCESS MEANING
        Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court
        
        ASSERTING OTHER GROUNDS ASIDE FROM LACK OF JURISDICTION ≠ NOT VOLUNTARY APPEARANCE
        Rule 14, Section 20. Voluntary Appearance. – The defendant’s voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall NOT be deemed a voluntary appearance. (23a)
        
        ASSERTING OTHER GROUNDS ASIDE FROM LACK OF JURISDICTION = :new: VOLUNTARY APPEARANCE
        Rule 14, Section 23. Voluntary appearance. – The defendant’s voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall be deemed a voluntary appearance.(20a)
        
        LACK OF JOTP OVER PERSON NO LONGER VALID GROUND FOR DISMISSAL
        : It is submitted that despite Sec. 23, Rule 14 mentioning lack of jurisdiction over the person as a ground to be included in a motion to dismiss, such still remains to be a prohibited motion under Sec. 12, Rule 15, as the only allowable grounds for a motion to dismiss are
        
        LACK OF JOSM
        
        LITIS PENDENTIA
        
        RES JUDICATA
        
        PRESCRIPTION
        lack of jurisdiction over the subject matter, litis pendencia, res judicata, and prescription. A motion to dismiss on the basis of lack of jurisdiction over the defendant should be dismissed outright. [Sec. 12, Rule 15]
        
        ONLY GROUNDS FOR MOTION TO DISMISS
        Rule 15, Sec. 12 Prohibited motions. – The following motions shall not be allowed:
        (a) Motion to dismiss except on the following grounds:
        
        LACK OF JOSM
        
        LITIS PENDENTIA
        
        RES JUDICATA
        
        PRESCRIPTION
        
        That the court has no jurisdiction over the subject matter of the claim;
        
        That there is another action pending between the same parties for the same cause; and
        
        That the cause of action is barred by a prior judgment or by the statute of limitations;
      - 3 BASIS FOR JUDICIAL JURISDICTION
        The bases on which courts may exercise judicial jurisdiction fall into three groups:
        
        JURISDICTION OVER THE PERSON
        a. BASED ON FORUM-DEFENDANT CONTACTS
        
        JURISDICTION OVER THE RES
        a. BASED ON FORUM-PROPERTY CONTACTS
        
        JURISDICTION OVER THE SUBJECT MATTER
        (a) jurisdiction over the person which is based on forum-defendant contacts;
        (b) Jurisdiction over the res based on forum-property contacts; and
        (c) Jurisdiction over the. subject-matter.
        
        NO BASIS, COURT SHOULD NOT TRY A CASE
        In the absence of a jurisdictional basis, a court should not try the case. In the event that it does, its judgment will not be considered valid.
    - - 4 QUESTIONS
        In analyzing a conflict of laws problem, four major questions should be considered:
        
        PERSON
        
        SUBJECT MATTER
        
        PROPER VENUE
        
        STAUTE OR DOCTRINE PERMITTING
        (1) Has the court Jurisdiction over the person of the defendant or over his property?;
        
        (2) Has the court jurisdiction over the subject matter usually referred to as "competency"?;
        (3) Has the suit been brought m the proper venue in cases where a foreign element is involved?; and
        (4).Is there a statute or doctrine under which a court otherwise qualified to try the case may or may not refuse to entertain it?