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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): Jurisdiction, Forum Non Conveniens

1. Manny, a Filipino citizen, filed a civil complaint against Juan, a Spanish citizen, for breach of contract. The contract was entered into and to be performed in Spain. Manny argues that the Philippine courts have jurisdiction over the case based on Article 15 of the Civil Code which provides that the said courts have jurisdiction when the defendant is a non-resident but committed a tortious act within the Philippines. Juan, on the other hand, contends that the Philippine courts lack jurisdiction and invokes the doctrine of forum non conveniens. Evaluate the validity of Manny's argument and Juan's invocation. Discuss the applicable principles and legal considerations.

2. Maria, a Filipino overseas worker, files a labor case against her employer, an Australian company, for non-payment of wages and illegal termination. The employment contract was signed and the work was performed in Australia. Maria insists that the Philippine labor tribunals have jurisdiction over the case under Article 17 of the Civil Code which states that the labor laws of the Philippines shall govern Filipino workers, regardless of their location. The Australian company argues that the dispute should be resolved in the Australian courts. Advise Maria on the validity of her claim and the legal implications of Article 17 of the Civil Code.

3. Ricky, a Filipino citizen, entered into a contract with Lucy, a British citizen, for the construction of a building in the Philippines. Disputes arose during the course of the project, leading Ricky to file a complaint for breach of contract against Lucy. The contract includes a provision stating that any disputes shall be resolved through arbitration in London, England. Ricky argues that the Philippine courts should have jurisdiction over the case and cites Article 18 of the Civil Code which recognizes the freedom of parties to choose the law applicable to their contract. Lucy, however, insists that the dispute should be submitted to arbitration in accordance with the contract. Assess the validity of Ricky’s argument and Lucy’s position with regard to Article 18 of the Civil Code.




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Bar Review Question: M. Conflict of Laws (Civil Code, arts. 15-18): Jurisdiction, Forum Non Conveniens 1. Manny, a Fili