PRELIMINARY EXAMINATION IN CONFLICT OF LAWS (2012)
Part I. Selection Type. Choose the letter of your best answer.
1. Even if the Court approves the petition for Naturalization, the decision will not be executory until after (a) five years after promulgation (b) two years after the petition is filed (c) one year after promulgation (d) two years after promulgation of the decision.
2. The last step in the naturalization proceedings is (a) declaration of intention to become a Filipino citizen (b) publication in the official gazette (c) taking the oath of allegiance (d) approval of the petition and rehearing thirty days after the promulgation of judgment of naturalization.
3. Which of the following is NOT a qualification for naturalization ? (a) residence in the Philippines for a continuous period of not less than five years (b) age must be at least 21 years of age (c) must own real estate worth not less than 5t pesos (d) able to speak and write tagalog.
4. Which of the following is NOT characteristic of status? (a) capacity is status (b) status is a social interest (c) it has a universal character (d) it is conferred by the state.
5. According to Falconbridge, there are three important steps in characterization. Which is not among these steps? (a) selection of the proper law (b) characterization of the question (c) application of the proper law (d) characterization of the factual situation.
6. Another word for the “doctrine of qualification ” is (a) characterization (b) conflict resolution (c) selection of foreign law to be applied (d) decision making.
7. Which is true of a Filipino residing in a foreign country? (a) he can make a will only pursuant to Phil law (b) he can make a will in any form established by the law of the country in which he may be (c) if he makes a foreign will it cannot be probate in the Phil (d) he cannot make a will in that foreign country.
8. Capacity to succeed is governed by (a) the national law of the decedent (b) the law where he is domiciled (c) the law where his property is situated (d) the law of the place where he died.
9. Intestate succession is governed by what law? (a) the national law of the decedent (b) the law where he is domiciled (c) the law where his property is situated (d) the law of the place where he died.
10. In the absence of contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of marriage and their residence. Which of the following is an exception to this rule? (a) when one of the spouses is an alien (b) when both spouses are aliens (c) with respect to the intrinsic validity of contracts affecting property not situated in the Phil (d) with respect to the extrinsic validity of the contracts affecting properties situated in the Phil.
PART II. (5 points each) Essay type. Answer the following question briefly and concisely. Explain your answer. A mere yes or no answer earns no points.
1.Hix died with a will allegedly executed in accordance with the formalities of West Virginia Law. TO prove the existence of said foreign law, the proponent of the will presented in evidence a copy of said law found in a book taken from The Philippine National Library.
Questions:
(a)The corresponding certificate was signed by the Director of the National Library. Has the existence of said law been properly proved? (b) If the U.S. consul-general is presented to prove said law, will it suffice? (c) If the foreign law is not well proved, how will the court decide it? (d)What law shall be used pursuant to what principle of international law?
2.A testator, considered a Filipino citizen under our law, and a Chinese under Chinese law, died in France, leaving properties in the Philippines.
Questions: (a) How should a Filipino judge in a Philippine Court determine the successional rights to the estate of the deceased? B) If A is considered a Chinese under Chinese law and a Japanese under Japanese Law but died in Manila leaving properties in the Philippines, but prior to his death, he was domiciled in Japan, what law shall be applied?
3.An illegitimate child of a Chinese father and a Filipino mother was registered in the Civil Registry as Chinese. She filed a petition for the correction of the entry to make her citizenship read as “Filipino” in view of the absence of marriage between her parents.
Question:
Will the petition prosper?
4. A Filipina works as a Flight Stewardess of an Arabian airline which maintains an office in the Philippines. While their plane landed in Indonesia, her co-crew who are citizens of Saudi Arabia attempted to rape her. She filed a case in the Philippines for “attempted rape”.
Questions: (a) Will the suit prosper? (b)If not where should the case be filed? (c) IF she decides to file an action for damages against the airline, will your answer be the same?Explain your answer.
5. On March 30, 1999, petitioner Nippon Engineering Consultants Co., Ltd. (Nippon), a Japanese consultancy firm providing technical and management support in the infrastructure projects of foreign governments,3 entered into an Independent Contractor Agreement (ICA) with respondent Minoru Kitamura, a Japanese national permanently residing in the Philippines.4 The agreement provides that respondent was to extend professional services to Nippon for a year starting on April 1, 1999.5 Nippon then assigned respondent to work as the project manager of the Southern Tagalog Access Road (STAR) Project in the Philippines, following the company's consultancy contract with the Philippine Government.6
When the STAR Project was near completion, the Department of Public Works and Highways (DPWH) engaged the consultancy services of Nippon, on January 28, 2000, this time for the detailed engineering and construction supervision of the Bongabon-Baler Road Improvement (BBRI) Project.7 Respondent was named as the project manager in the contract's Appendix 3.1.8
On February 28, 2000, petitioner Kazuhiro Hasegawa, Nippon's general manager for its International Division, informed respondent that the company had no more intention of automatically renewing his ICA. His services would be engaged by the company only up to the substantial completion of the STAR Project on March 31, 2000, just in time for the ICA's expiry.9
Threatened with impending unemployment, respondent, through his lawyer, requested a negotiation conference and demanded that he be assigned to the BBRI project. Nippon insisted that respondent’s contract was for a fixed term that had already expired, and refused to negotiate for the renewal of the ICA.10
As he was not able to generate a positive response from the petitioners, respondent consequently initiated on June 1, 2000 Civil Case No. 00-0264 for specific performance and damages with the Regional Trial Court of Lipa City.11
Questions: (a) Will the suit prosper in our local courts? (b)What principles of conflict rules shall be applied on the matter? Explain.
END OF THE EXAMINATION
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