colreview

Which of the following is not an element of Conflict of Law

• it is part of the municipal law of the state

• it involves a foreign element

• it governs conflict between states and international organizations

• there is a directive to courts and administrative agencies

A Philippine Court may validly refuse to entertain a case on the ground of ____

• forum non conveniens

• territoriality

• extra-territoriality

May a Filipino convicted of a crime abroad serve his sentence in the Philippines?

• No. Under the principle of territoriality, a crime is punishable only in the territorial jurisdiction where it is committed.

• Yes. Under the principle of universality, crimes against humanity are punishable in any jurisdiction regardless of the place of commission.

 

Romy and Sonia, husband and wife, are both Filipinos who got married in New York, USA, where they are currently residing. What law governs their property relations?

• Philippine law

• US Law

Bohanan was a citizen of the US and Nevada at the time of his death. In his will, he distributed majority of his estate to his grandson , to his brother and to his sister. He gave his two children the paltry sums of P6,000 each and left nothing to their mother, his former wife, whom he had already divorced. The former wife and her two children opposed the project of partition. In the state of Nevada, a testator may dispose all of his property according to his will. Are the former wife and two children entitled to their legitime?

• Yes

• No

A Filipino father, with a Chinese child, dies, the estate of the said father shall be distributed in accordance with the Philippine Law.

• True

• False

An American dies leaving properties in the Philippines. In his will, he gave nothing to his children. Can his will be given effect in the Philippines despite our policy to grant children their legitimes?

• Yes

• No

In the absence of pleading and proof, the las of a foreign country, or state will be presumed to be the same as our own local and domestic law.

• True

• False

Answer explanation

This is the Doctrine of Processual Presumption.

How is jurisdiction over the plaintiff acquired?

• by voluntary appearance

• by service of summons

• by institution of action

A written foreign law is proven by:

1. 1. an official publication therof; or

2. 2. by a copy attested by the officer having legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, by a certificate by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent, or foreign service officer, that such officer has custody.

• true

• false