PRIVATE AND PUBLIC INTERNATIONAL REPORT

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BUSTAMANTE, ARACELI GIEANN C
JD 1A
CASES OF PROCEDURAL AND SUBSTANTIVE LAW
ASIA UNIUTED BANK Vs. GOODLAND COMPANY INC
G.R. No. 188051
November 22, 2010
FACTS:
Goodland Company Inc., secured a loan with its land however, the land was foreclosed
and it was eventually subjected to an auction sale and AUB was the highest bidder. AUB
proceeded to execute an Affidavit of Consolidation of Ownership. Goodland file a petition for
the cancellation of such deed. However during the procedure, Goodland’s counsel has failed to
properly effect the substitution of the former counsel on record.
ISSUES:
whether or not the Procedural Laws can be relaxed
HELD:
Yes, procedural law can be relaxed
Under Rule 1, Section 6 of the 1997 Rules of Civil Procedure, liberal construction of the
rules is the controlling principle to effect substantial justice. Thus, litigations should, as much as
possible, be decided on their merits and not on technicalities. This does not mean, however, that
procedural rules are to be ignored or disdained at will to suit the convenience of a party.
Procedural law has its own rationale in the orderly administration of justice, namely, to ensure
the effective enforcement of substantive rights by providing for a system that obviates
arbitrariness, caprice, despotism, or whimsicality in the settlement of disputes. Hence, it is a
mistake to suppose that substantive law and procedural law are contradictory to each other, or as
often suggested, that enforcement of procedural rules should never be permitted if it would result
in prejudice to the substantive rights of the litigants.
Hence, rules of procedure must be faithfully followed except only when for persuasive
reasons, they may be relaxed to relieve a litigant of an injustice not commensurate with his
failure to comply with the prescribed procedure.
People of the Philippines Vs. Romy Lim y Miranda
G.R NO 231989
September 24, 2018
FACTS:
In 2010, there was a buy bust operation in Cagayan de Oro where Romy was arrested for
the possession and selling of illegal drugs which in violation to the RA 9165 or the
“Comprehensive Dangerous Act of 2002”
The buy bust group failed to secure or present the witness or to follow the necessary
procedure stated in RA 9165 which upon the inventory of the seized item. On 2014 RA 9165 was
amended to 10640 which removed few witnesses need to be present in the former provision
which at case at bar fails to secure.
ISSUE:
Whether or not RA 9165 can have a retroactive effect.
HELD:
Yes, it can a retroactive effect.
There must be a strict adherence to Sec 21 Ra 9165 as to the mandatory requirements
since it is highly susceptible to planting, tampering or altering of Evidence
R.A. No. 9165 had placed upon tile law enforcers the duty to establish the chain of custody of
the seized drugs to ensure the integrity of the corpus delicti. Thru proper exhibit handling,
storage, labeling and recording, the identity of the seized drugs is insulated from doubt from their
confiscation up to their presentation in court.
As per to discussion
This cannot not have a retroactive effect to those cases prior to this.
Laws are prospective in nature but is subject so exceptions such procedural laws if it does not
change the protected rights of the persons involved.
5. PRIVATE AND PUBLIC INTERNATIONAL LAW
PRIVATE INTERNATIONAL LAW OR CONFLICT OF LAWS
•
Is that part of municipal law of a state which directs its courts and administrative
agencies when confronted with legal problem involving a foreign element, whether
or not they should apply a foreign law
Elements
•
Part of Municipal Law of State
•
Involving a Foreign Element
•
The direction to Courts and Administrative Agencies
•
Application or Non- Application of Foreign Laws
PUBLIC INTERNATIONAL LAW
DEFINITION
Branch of public law which regulates the relations of States and of other entities which
have been granted international personalities
Law that deals with the conduct of state and international organizations, theirs relation with
each other and in certain circumstances in their relation with persons, natural or juridical
PURPOSE:
Is to maintain peaceful and productive relationships among each other.
PRIVATE INTERNATIONAL LAW V. PUBLIC ITERNATIONAL LAW
CONFLICT OF LAWS
BASIS
LAW OF NATIONS
Municipal in Character
Nature
International in Character
Sovereign states and other
Dealt by private individuals
Persons involved
entities possessed of an
international personalities
Generally
Private ones between private
affect
public
interest and generally are
Transactions involved
individuals
interest only of sovereign
states
Resort is resort to municipal
Peaceful
or
Remedies or sanctions
tribunals
remedies
SAUDIA ARABIAN AIRLINES V COURT OF APPEALS
G.R. No. 122191.
October 8, 1998
FACTS:
forcible
Milagros Morada was working as a stewardess for Saudia Arabian Airlines. In 1990, while she
and some co-workers were in a lay-over in Jakarta, Indonesia, she and the Arab co-worker went
to the disco and the next morning the Arab co-worker attempted to rape her in a hotel room.
Fortunately, a room boy heard her cry for help and two of her Arab co-workers were arrested and
detained in Indonesia.
Later, Saudia Airlines re-assigned her to work in their Manila office. While working in Manila
Saudia Airlines advised her to meet with a Saudia Airlines officer in Saudi.
She did but to her surprise, she was brought to a Saudi court where she was interrogated and
eventually sentenced to 5 months imprisonment and 289 lashes; she allegedly violated Muslim
customs by partying with males.
The Prince of Makkah got wind of her conviction and the Prince determined that she was
wrongfully convicted hence the Prince absolved her and sent her back to the Philippines.
Saudia Airlines later on dismissed Morada. Morada then sued Saudia Airlines for damages under
Article 19 and 21 of the Civil Code. Saudia Airlines filed a motion to dismiss on the ground that
the RTC has no jurisdiction over the case because the applicable law should be the law of Saudi
Arabia. Saudia Airlines also prayed for other reliefs under the premises. During the pendency of
the case CA ruled that the Philippines is an appropriate forum considering that the Amended
Complaints basis for recovery of damages is Article 21 of the Civil Code, and thus, clearly within
the jurisdiction of respondent Court.
ISSUES:
I.
WHETHER RESPONDENT APPELLATE COURT ERRED IN HOLDING THAT THE
REGIONAL TRIAL COURT OF QUEZON CITY HAS JURISDICTION TO HEAR AND TRY
CIVIL CASE NO. Q-93-18394 ENTITLED MILAGROS P. MORADA V. SAUDI ARABIAN
AIRLINES.
II.
WHETHER RESPONDENT APPELLATE COURT ERRED IN RULING THAT IN THE CASE
PHILIPPINE LAW SHOULD GOVERN.
HELD:
I.
In the instant case, the foreign element consisted in the fact that private respondent Morada is a
resident Philippine national, and that petitioner SAUDIA is a resident foreign corporation. Also,
by virtue of the employment of Morada with the petitioner Saudia as a flight stewardess, events
did transpire during her many occasions of travel across national borders, particularly from Manila,
Philippines to Jeddah, Saudi Arabia, and vice versa, that caused a conflicts situation to arise.
Similarly, the trial court also possesses jurisdiction over the persons of the parties herein. By filing
her Complaint and Amended Complaint with the trial court, private respondent has voluntary
submitted herself to the jurisdiction of the court.
II.
We are convinced that there is reasonable basis for private respondent’s assertion that although
she was already working in Manila, petitioner brought her to Jeddah on the pretense that she would
merely testify in an investigation of the charges she made against the two SAUDIA crew members
for the attack on her person while they were in Jakarta
lex loci delicti commissi - law of the place where the delict [tort] was committed“
REFERENCES
Philippines Conflict of Laws by Edgardo L. Paras
An Introduction to Public International Laws by Joaquin G. Bernas, S.J
www.lawphil.com
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