J. Conflict of Laws

10. Conflict of Laws

a. Lex nationalis b. Lex Rei Sitae c. Lex Loci Celebrationis

Conflict between general and special laws

If the general law was enacted prior to the special law, the latter is considered the exception to the general law. If the general law was enacted after the special law, the special law remains.

Three Ways of Disposing Conflict of Law Cases

• Dismiss the case, either because of:
• Lack of jurisdiction;
• Refusal to assume jurisdiction over the case on the ground that the controversy may be suitably tried elsewhere (forum non conveniens); or
• Act of State doctrine
• Except: Violation of International Law principle
• Assume jurisdiction over the case and apply internal law of the forum (lex fori); or
• Assume jurisdiction over the case and take into account or apply the law of some other State (Salonga, p. 44).

Requisites for Recognition or Enforcement of Foreign Judgment

• Foreign judgment was rendered by a judicial or quasi-judicial tribunal which had jurisdiction to render the judgment or final order, whether upon a specific thing or against a person, in the proper judicial proceedings;
• The judgment must be valid under the laws of the court that rendered it;
• The judgment must be final and executory to constitute res judicata in another action;
• Where enforcement of a monetary award is sought, the award must be sufficiently definite to enforce (Rules of Court, Rule 39, Sec. 48(a)–(b));
• The judgment must not be contrary to the public policy or good morals of the country where it is sought to be enforced;
• The judgment must not have been obtained by fraud, collusion, mistake of fact or law.

Note: The fraud available against a foreign a judgment is extrinsic fraud.

Grounds to Repel Foreign Arbitral Award

Grounds to Repel a Foreign Judgment or Final Order

Under Philippine conflict-of-laws rules, foreign judgments receive limited or qualified recognition. A judgment or final order of a foreign tribunal may be challenged by proof of:

• Lack of jurisdiction;
• Lack of notice to the party;
• Collusion;
• Fraud; or
• Clear mistake of law or fact. (Rules of Court, Rule 39, Sec. 48)