g. Lex Fori

Lex Fori

Concept

Lex fori refers to the law of the forum—the court or tribunal hearing the case. In a dispute with a foreign element, identify the forum separately from the law that governs the disputed right. The fact that a Philippine tribunal may hear a case does not, by itself, settle whether Philippine substantive law applies. (Saudi Arabian Airlines v. Rebesencio, G.R. No. 198587, 14 January 2015)¹

Governing provisions

Philippine court rules illustrate matters governed by the forum. Rule 4, Section 1 fixes where actions affecting title to, possession of, or an interest in real property shall be commenced and tried. Rule 39, Sections 47 and 48 state the effects accorded to Philippine judgments and foreign judgments, respectively. (Rule 4, Sec. 1, Rules of Court)² (Rule 39, Sec. 47, Rules of Court)³ (Rule 39, Sec. 48, Rules of Court)⁴

Requisites / Rules

• Determine whether the tribunal has jurisdiction. Jurisdiction rests on a constitutional or statutory grant and is determined from the complaint’s material allegations; it is not established merely because the forum is convenient. (Continental Micronesia, Inc. v. Basso., G.R. No. 122191, 23 September 2015)⁵
• Where foreign elements raise a choice-of-law issue, identify the relevant connecting factors before selecting the law to apply. The place of celebration or performance and the situs of property may be relevant factors, depending on the issue. (Continental Micronesia, Inc. v. Basso.)⁵
• For a foreign tribunal’s judgment rendered with jurisdiction, distinguish a judgment upon a specific thing, which is conclusive upon title to that thing, from a judgment against a person, which is presumptive evidence of a right between the specified parties and successors. (Rule 39, Sec. 48, Rules of Court)⁴

Distinctions

Jurisdiction asks whether the defendant may fairly be brought before the forum; choice of law asks whether applying the forum’s substantive law is fair. Contacts relevant to jurisdiction are therefore distinct from the significant contacts considered in choosing the governing law. (Saudi Arabian Airlines v. Rebesencio)¹

Forum law must also be distinguished from a law selected for a particular subject. Article 16 subjects property to the law of its situs but assigns the specified succession questions to the decedent’s national law. Article 17 assigns the forms and solemnities of contracts, wills, and other public instruments to the law of the country where they are executed. Neither provision makes the location of the court the sole answer to every substantive question. (Art. 16, Civil Code)⁶ (Art. 17, Civil Code)⁷

Key doctrines

A court may consider forum non conveniens, but declining jurisdiction is discretionary and requires vital facts establishing special circumstances. Where foreign law is not pleaded or proved, the presumed-identity approach treats it as the same as Philippine law. These doctrines address different questions: whether the forum should proceed, and what law is available for application when foreign law has not been established. (Saudi Arabian Airlines v. Rebesencio)¹ (Orion Savings Bank v. Suzuki, G.R. No. 205487, 12 November 2014)⁸

Exceptions

A foreign judgment’s stated effect may be repelled by evidence of want of jurisdiction, want of notice, collusion, fraud, or clear mistake of law or fact. Also, foreign laws, judgments, determinations, or conventions cannot render ineffective Philippine prohibitive laws concerning persons, their acts or property, or laws directed to public order, public policy, and good customs. (Rule 39, Sec. 48, Rules of Court)⁴ (Art. 17, Civil Code)⁷

Bar tip

Ask in order: Can this forum hear the case? What law governs the particular issue? If foreign law is invoked, was it pleaded and proved? Do not answer the second question solely from the first. (Continental Micronesia, Inc. v. Basso.)⁵ (Saudi Arabian Airlines v. Rebesencio)¹ (Orion Savings Bank v. Suzuki)⁸