1.) 1. If a will is executed by a testator who is a Filipino citizen, what law will govern if the will is executed in the Philippines? What law will govern if the will is executed in another country? Explain your answers. 2. If a will is executed by a foreigner, for instance, by a Japanese, residing in the Philippines, what law will govern if the will is executed in the Philippines? And what law will govern if the will is executed in Japan, or some other country, for instance, the USA? Explain your answers.
a. If the testator who is a Filipino citizen executes his will in the Philippines, Philippine law will govern the formalities.
b. If said Filipino testator executes his will in another country, the law of the country where he may be, or Philippine law will govern the formalities. (Article 815, Civil Code)
a. If the testator is a foreigner residing in the Philippines and he executes his will in the Philippines, the law of the country of which he is a citizen or Philippine law will govern the formalities.
b. If the testator is a foreigner and executes his will in a foreign country, the law of his place of residence or the law of the country of which he is a citizen or the law of the place of execution, or Philippine law will govern the formalities. (Articles 17, 816, 817, Civil Code)
2.) Jacob, a Swiss national, married Lourdes, a Filipina, in Berne, Switzerland. Three years later, the couple decided to reside in the Philippines. Jacob subsequently acquired several properties in the Philippines with the money he inherited from his parents. Forty years later, Jacob died intestate, and is survived by several legitimate children and duly recognized illegitimate daughter Jane, all residing in the Philippines. a. Suppose that Swiss law does not allow illegitimate children to inherit, can Jane, who is a recognized illegitimate child, inherit part of the properties of Jacob under Philippine law? b. Assuming that Jacob executed a will leaving certain properties to Jane as her legitime in accordance with the law of succession in the Philippines, will such testamentary disposition be valid?
a. NO. As stated in the problem, Swiss law does not allow illegitimate children to inherit. Hence, Jane cannot inherit the property of Jacob under Philippine law.
b. The testamentary disposition will not be valid if it would contravene Swiss law; otherwise, the disposition would be valid. Unless the Swiss law is proved, it would be presumed to be the same as that of Philippine law under the doctrine of processual presumption.
3.) A. The Japan Air Lines (JAL), a foreign corporation licensed to do business in the Philippines, executed in Manila a contract of employment with Maritess Guapa under which the latter was hired as a stewardess on the aircraft plying the Manila-Japan-Manila route. The contract specifically provides that (1) the duration of the contract shall be two (2) years, (2) notwithstanding the above duration, JAL may terminate the agreement at any time by giving her notice in writing ten (10) days in advance, and (3) the contract shall be construed as governed under and by the laws of Japan and only the court in Tokyo, Japan shall have the jurisdiction to consider any matter arising from or relating to the contract. JAL dismissed Maritess on the fourth month of her employment without giving her due notice. Maritess then filed a complaint with the Labor Arbiter for reinstatement, backwages and damages. The lawyer of JAL contends that neither the Labor Arbiter nor any other agency or court in the Philippines has jurisdiction over the case in view of the above provision (3) of the contract which Maritess voluntarily signed. The contract is the law between her and JAL. Decide the issue. B. Where under a State’s own conflicts rule that domestic law of another State should apply, may the courts of the former nevertheless refuse to apply the latter? If so, under what circumstance?
A. Labor Legislations are generally intended as expressions of public policy on employer- employee relations. The contract, therefore, between JAL and Maritess may apply only to the extent that its provisions are not inconsistent with Philippine labor laws intended particularly to protect employees.
Under the circumstances, the dismissal of Maritess without complying with Philippine Labor law would be invalid and any stipulation in the contract to the contrary is considered void. Since the law of the forum in this case is the Philippine law, the issues should be resolved in accordance with Philippine law.
B. The third paragraph of Art. 17 of the Civil Code provides that:
“Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.”
Accordingly, a state’s own conflict of laws rule may, exceptionally be inapplicable, given public policy considerations by the law of the forum.
Going into the specific provisions of the contract in question, I would rule as follows:
1. The duration of the contract is not opposed to Philippine law and it can therefore be valid as stipulated;
2. The second provision to the effect that notwithstanding duration, JAL may terminate her employment is invalid being inconsistent with our Labor laws;
3. That the contract shall be construed as governed under and by the laws of Japan and only the courts of Tokyo, Japan shall have jurisdiction, is invalid as clearly opposed to the forecited third paragraph of Arts. 17 and 1700 of the Civil Code which provides:
“Art. 1700. The relations between capital and labor are not merely merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.”
4.) X and Y entered into a contract in Australia, whereby it was agreed that X would build a commercial building for Y in the Philippines, and in payment for the construction, Y will transfer and convey his cattle ranch located in the United States in favor of X. What law would govern: a. The validity of the contract? b. The performance of the contract? c. The consideration of the contract?
a. The validity of the contract will be governed by Australian law, because the validity refers to the element of the making of the contract in this case.
b. The performance will be governed by the law of the Philippines where the contract is to be performed.
c. The consideration will be governed by the law of the United States where the ranch is located.
5.) A, a Filipino, executed a will in Kuwait while there as a contract worker. Assume that under the laws of Kuwait, it is enough that the testator affixed his signature in the presence of two witnesses and that the will need not be acknowledged before a notary public. May the will be probated in the Philippines?
Yes, under Articles 815 and 17 of the Civil Code, the formality of the execution of a will is governed by the law of the place of execution. If the will was executed with the formalities prescribed by the laws of Kuwait and valid there as such, the will is valid and may be probated in the Philippines.
6.) While in Afghanistan, a Japanese by the name of Sato, sold to Ramoncito, a Filipino, a parcel of land situated in the Philippines which Sato inherited from his Filipino mother. 1. What law governs the formality in the execution of the contract of sale? Explain your answer and give its legal basis. 2. What law governs the capacity of the Japanese to sell the land? 3. What law governs the capacity of the Filipino to buy the land? Explain your answer with legal basis.
The property is situated in the Philippines, Philippine law The rule of lex rei sitae in Art. 16 prevails over lex loci contractus in Art. 17 of the NCC.
Japanese law governs the capacity of the Japanese to sell the land being his personal law on the basis of an interpretation of 15, NCC.
Philippine law governs the capacity of the Filipino to buy the In addition to the principle of lex rei sitae given above, Article 15 of the NCC specifically provides that Philippine laws relating to legal capacity of persons are binding upon citizens of the Philippine no matter where they are.
7.) On 8 December 1991, Vanessa purchased from the Manila office of Euro-Aire an airline ticket for its Flight No. 710 from Dallas to Chicago on 16 January 1992. Her Flight reservation was confirmed. On her scheduled departure Vanessa checked in on time at the Dallas airport. However, at the check-in counter she discovered that she was waitlisted with some other passengers because of intentional overbooking, a Euro- Aire policy and practice. Euro-Aire admitted that Vanessa was not advised of such policy when she purchased her plane ticket. Vanessa was only able to fly two days later by taking another airline. Vanessa sued Euro-Aire in Manila for breach of contract and damages. Euro-Aire claimed that it cannot be held liable for damages because its practice of overbooking passengers was allowed by the US Code of Federal Regulations. Vanessa on the other hand contended that assuming that US Code of Federal Regulations allowed intentional overbooking, the airline company cannot invoke the US Code on the ground that the ticket was purchased in Manila, hence, Philippine law should apply, under which Vanessa can recover damages for breach of contract of carriage. Decide. Discuss fully.
Vanessa can recover damages under Philippine law for breach of contract of carriage. Philippine law should govern as the law of the place where the plane tickets were bought and the contract of carriage was executed. In Zalamea v. Court of Appeals (GR No. 104235, Nov. 10, 1993), the Supreme Court applied Philippine law in recovery of damages for breach of contract of carriage for the reason that it is the law of the place where the contract was executed.
8.) Michelle, the French daughter of Penreich, a German national, died in Spain leaving real properties in the Philippines as well as valuable personal properties in Germany. 1. What law determines who shall succeed the deceased? Explain your answer and give its legal basis. 2. What law regulates the distribution of the real properties in the Philippines? Explain your answer and give its legal basis. 3. What law governs the distribution of his personal properties in Germany? Explain your answer and give its legal basis.
The national law of the decedent (French law) shall govern in determining who will succeed to his The legal basis is Art. 16 par. 2,NCC.
The distribution of the real properties in the Philippines shall be governed by French The legal basis is Art. 16, NCC.
The distribution of the personal properties in Germany shall be governed by French The legal basis is Art. 16, NCC.