In the context of the Philippines, the proliferation of conflict of laws cases
has been due to and a result of technological advancements in communication
and transportation. It used to be that persons and property were confined
within a certain territorial jurisdiction, owing to lack of interest or means
in travelling to another. Hence, in the early years of Philippine law, the
application of foreign laws was least of the concerns of courts. Later, the
advent of ships, planes, trains and so on have led to transboundary movement
of persons and property.
Due to said advancements, it is now no
longer unusual to find persons in places not their country of origin and
incidents of property – such as ownership and possession – involving two or
more systems of laws. These persons later find themselves in legal
relationships with foreigners and their pieces of property later get exposed
to the legal consequences of different states’ laws.
Consider an
example about a Filipino man and a Canadian woman who had their marriage
solemnized in Japan. Should a legal question arise in the Philippines
concerning the validity of this marital union, a Philippine court would be
compelled to invoke the forum state's choice-of-law rules to ascertain the
governing legal framework over the case. In matters pertaining to the formal
validity of marriage, Philippine jurisprudence generally adheres to the
principle of lex loci celebrationis, thereby potentially subjecting the
marriage's extrinsic validity to the laws of Japan, the place of its
solemnization. Of course, the intrinsic validity of this contract of marriage
is another issue covered by a different choice-of-law approach.
Furthermore,
if the same couple establishes their domicile or habitual residence in China,
their legal connection to that jurisdiction may become pertinent in various
legal contexts such as but not limited to citizenship of their children, the
ability to dispose of real property in China and many more. Should the
dissolution of their marriage become a consideration while residing in China,
a Philippine court might be required to consider Chinese law, particularly
concerning aspects directly influenced by their status as domiciliaries there.
Please note that the validity of marriage between a Filipino and a foreigner
may still be within the jurisdiction of Philippine courts even if they are
residents or domiciliaries of a different country.
In contrast, any
real or personal property owned by the same couple within the territorial
jurisdiction of the Philippines would typically be governed by Philippine law,
in accordance with the principle of lex rei sitae. Nevertheless, in the
event of the death of one of the spouses, the disposition of these
Philippine-based assets could -- not "should" -- necessitate consideration of
their respective national laws -- Filipino and Canadian -- particularly in
matters of intestate or testamentary succession. This is because Philippine
law delineates specific provisions regarding legal heirs and their
corresponding entitlements to the inheritance, which may be different from
those provided under Canadian law. Moreover, the validity of any testamentary
instrument executed abroad would still be subject to scrutiny under Philippine
legal standards if submitted for probate before a Philippine court or if the
decree of allowance of a will obtained abroad is sought to be enforced in the
Philippines.
In addition to the above illustration, the following
paragraphs are other scenarios in which technological advancement evidently
give rise to private international law problems.
When a Filipino
consumer engages in a purchase via an online platform based in Singapore, any
ensuing dispute regarding the transaction's terms and conditions or the
quality of goods may necessitate a determination of whether Philippine law,
Singaporean law, or potentially the law of the jurisdiction hosting the
platform's servers should govern the resolution. The presence of a
choice-of-law clause within the platform's terms and conditions could also be
a decisive factor.
Many Filipinos work abroad and often enter into
employment contracts that are subject to foreign labor laws. Should overseas
Filipino workers (OFWs) sustain injuries in their workplace in, for example,
Saudi Arabia, and subsequently return to the Philippines, a legal inquiry
concerning jurisdiction, prescription, compensation and liability may arise.
Philippine courts might then be required to consider Saudi Arabian labor
regulations, the specifics of the employment agreement, and potentially
Philippine laws designed to protect the rights of overseas workers.
When
a Japanese corporation invests in a manufacturing company registered and
existing under the Philippines, potential legal disputes concerning the
propriety of such investment is often governed by Philippine laws. Also,
whether or not a majority of members of the board of directors (BOD) or a
supermajority is required to constitute a quorum is an internal business
matter that is often governed by the laws of the state that gave its
imprimatur to the legal existence of the investing corporation.
The
process by which Filipino individuals or couples seek to adopt a child from a
foreign country, such as Vietnam, may involve adherence to the adoption laws
of both the Philippines and Vietnam. Issues pertaining to the eligibility of
prospective adoptive parents, the consent of biological parents, and the
paramount welfare of the child are subject to evaluation under both legal
frameworks. In the Philippines, intercountry adoption is allowed, subject to
certain condition not imposed in ordinary domestic adoption processes.
In
instances where a Filipino artist creates digital artwork that is widely
disseminated and potentially subjected to copyright infringement across
international borders, the determination of which nation's intellectual
property laws are applicable and the enforcement of those rights necessitate
navigating the complexities of conflict of laws. Note, however, that there
exist international systems for the protection of intellectual property around
the world.
As can be seen in the discussions above, technological
advancements have facilitated increased global interaction and have profoundly
influenced the legal landscape of the Philippines, leading to a marked
increase in the frequency and complexity of conflict of laws cases that find
themselves in the dockets of courts and eventually in the hands of the Supreme
Court. As a result, Philippine courts are now routinely called upon to address
intricate legal issues that necessitate a nuanced understanding and
application of foreign legal principles, guided by established choice-of-law
doctrines. The aforementioned examples serve to illustrate the diverse
contexts in which these principles are invoked, underscoring the growing
significance of conflict of laws in an increasingly interconnected world.