e. Lex Loci Delicti

Lex Loci Delicti

Lex loci delicti refers to the law of the place where a wrong occurred as a possible connecting factor in a conflict-of-laws problem. ¹ It should not be applied mechanically: when foreign elements are present, the court identifies the relevant connecting factors and determines the proper law. ¹

Characterization of the claim comes first because the applicable choice-of-law inquiry depends on the category of the facts and rules involved. ² Jurisdiction is a separate question; a Philippine court’s authority to hear a case does not automatically make Philippine substantive law applicable. ² In Vda. De Alcañeses v. Alcañeses, G.R. No. 187847, 30 June 2021, the Court applied Kenyan law to the indemnity payment, rather than awarding shares in it to collateral relatives under Philippine law. ²