PROJECT JURISPRUDENCE

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Meaning of Borrowing Statutes,” 36 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Defining “borrowing statutes,” the Supreme Court in one case [1] said that characterization of a statute into a procedural or substantive law becomes irrelevant when the country of the forum has a “borrowing statute.” A borrowing statute has the practical effect of treating the foreign statute of limitation as one of substance. [2] A “borrowing statute” directs the state of the forum to apply the foreign statut

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Philippine Law’s Reference to the Application of Foreign Law,” 35 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Municipal law’s reference to the application of foreign law is not always straightforward. Students will not find any provision of municipal law that says: “apply foreign law” or some such direct language. Often, some analysis is required to realize that former calls for the application of the latter. For example, Article 819 of the NCC says: “Wills, prohibited by the preceding article,

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Characterization as the Initial Step in Resolving Conflicts Cases,” 34 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Characterization as the initial step in resolving a conflicts case I am aware that, in one case, [1] the Supreme Court held that, in the judicial resolution of conflicts problems, three consecutive phases are involved: (a) jurisdiction; (b) choice of law; (c) and recognition and enforcement of judgments. However, it is humbly submitted that the matter of jurisdiction is and should

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “The Case of Saudi Arabian Airlines v. Court of Appeals,” 33 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . This is the case of Saudi Arabian Airlines v. Court of Appeals (1998). [1] In the case of Saudi Arabian Airlines v. Court of Appeals, plaintiff Morada, a Filipino flight attendant for Saudi Arabian Airlines (“SAUDIA”), experienced attempted rape by a fellow crew member in Jakarta. Despite reporting the incident, SAUDIA exerted pressure on her to drop the charges. This pressure included inte

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Forms of Foreign Elements,” 32 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . As mentioned by the Supreme Court in the case of Saudi Arabian Airlines v. Court of Appeals (1998), a foreign element in a conflicts case may take different forms. I humbly submit that there are four forms that foreign elements may take or four categories under which they fall, viz: (a) those relating to persons; (b) those relating to property; (c) those relating to legal relationship or  vinculum juris ; and, (d) those relating

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “The case of Karen Salvacion v. Central Bank,” 31 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . This is the case of Karen Salvacion v. Central Bank (1997). [1] In the case of Karen Salvacion v. Central Bank, on February 04, 1989, Greg, an American tourist, lured petitioner Karen, then 12 years old, to go with him in his apartment. Therein, Greg detained Karen for four days, or up to February 07, 1989, and was able to rape her once on February 04 and three times each day on February 05, 06, and 0

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Foreign Element as a Factual Question,” 30 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Foreign element as a question of fact Foreign elements, just like foreign laws, are factual questions. They must be part of the records supported by evidence. For example, the foreign nationality of a party may be judicially admitted by the parties or proved via proper evidence such as their birth certificate or a certificate from competent authority. Also, whether the contract was perfected or performed in

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “True or False Foreign Element Analysis,” 29 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . The “foreign element” requirement and the need for municipal laws to point to the application of a foreign law are the meat of private international law. Without them, there can be no discussion on conflict of laws. I humbly submit that the Philippine legal system should adopt a “true or false foreign element” analysis. In a nutshell, it is proposed that it be accepted that there are foreign elements that, at fi

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “The case of Hasegawa v. Kitamura (2007),” 28 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . This is the case of Hasegawa v. Kitamura (2007). [1] In the case of Hasegawa v. Kitamura, Nippon, a Japanese company, hired Kitamura, a Japanese national residing in the Philippines, as a project manager for a construction project in the Philippines. When Nippon terminated Kitamura's contract, he sued the company in the Philippines for breach of contract. Nippon argued that the case should b

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Points of Contact or Connecting Factors,” 27 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Foreign elements may take different forms. In the words of the Supreme Court, the forms in which a foreign element may appear are many. [1] The foreign element may be the nationality or citizenship of one of the parties, their domicile, or the location of the property involved in the dispute. Foreign elements may also take complex forms such as when two parties of different nationalities enter into a contract whil