Question

The given Subject: Conflict of Laws (Civil Code, arts. 15-18)

Scenario 1:

John, a resident of the Philippines, entered into a contract with Mark, a resident of Australia, for the sale of a vintage car. The contract stated that any disputes arising out of the contract would be subject to the jurisdiction of the courts in Sydney, Australia. A dispute arises between John and Mark regarding the delivery of the car. John wants to file a case in the Philippines, while Mark insists that the case should be heard in Australia. Analyze the conflict of laws principles and determine the appropriate jurisdiction for resolving the dispute.

Scenario 2:

Anna, a Filipino citizen, purchased a vacation property in Japan. She later discovered that there was a defect in the property. Anna wants to file a case against the seller, who is a Japanese citizen, to seek damages for the defect. Can Anna file the case in the Philippines, or should she pursue the case in Japan? Discuss the application of the forum non conveniens doctrine in this situation.