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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSM. Conflict of Laws (Civil Code, arts. 15-18)1. Jurisdiction, Forum Non Conveniens

Question

M. Conflict of Laws (Civil Code, arts. 15-18)

In relation to the topic of Jurisdiction and Forum Non Conveniens, consider the following scenario:

Carla, a Filipino citizen, entered into a contract with Juan, a Spanish citizen, for the purchase of a property in the Philippines. The contract specified that any disputes arising from the contract shall be submitted to the exclusive jurisdiction of the Philippine courts. However, a dispute arose between Carla and Juan regarding the validity of the contract.

Carla filed a complaint before the Regional Trial Court (RTC) of Makati City, Philippines. Juan, on the other hand, argues that the Philippine court does not have jurisdiction over the dispute and claims that Spain is a more convenient forum for litigation.

With reference to the relevant provisions of the Civil Code (arts. 15-18), discuss the following:

  1. What are the factors that the Philippine court will consider in determining whether it has jurisdiction over the dispute?
  2. Can the Philippine court decline jurisdiction based on the concept of Forum Non Conveniens? Explain.
  3. What are the possible implications if the Philippine court exercises jurisdiction over the dispute? Discuss.



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