PROJECT JURISPRUDENCE

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “The case of Hasegawa v. Kitamura (2007),” 28 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . This is the case of Hasegawa v. Kitamura (2007). [1] In the case of Hasegawa v. Kitamura, Nippon, a Japanese company, hired Kitamura, a Japanese national residing in the Philippines, as a project manager for a construction project in the Philippines. When Nippon terminated Kitamura's contract, he sued the company in the Philippines for breach of contract. Nippon argued that the case should b

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Points of Contact or Connecting Factors,” 27 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Foreign elements may take different forms. In the words of the Supreme Court, the forms in which a foreign element may appear are many. [1] The foreign element may be the nationality or citizenship of one of the parties, their domicile, or the location of the property involved in the dispute. Foreign elements may also take complex forms such as when two parties of different nationalities enter into a contract whil

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Importance of Foreign Elements in a Conflicts Case,” 26 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Citing Salonga, the Supreme Court has said that the presence of a foreign element is inevitable since social and economic affairs of individuals and associations are rarely confined to the geographic limits of their birth or conception. [1] Without a foreign element, conflict of laws rules will not apply and municipal laws that point to the application of foreign laws becomes irrelevant. In a manner of s

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Meaning of Foreign Element,” 25 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . A foreign element is a factual matter that allows the dispute to cut across the territorial lines of two or more countries and invites the application of municipal law that points to the application of the law of a foreign country. The author is aware of the Supreme Court’s ruling that defines foreign element as one contained in a factual situation that cuts across territorial lines and is affected by the diverse laws of two or

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “SC: DOJ has Rulemaking Power in Preliminary Investigation,” 24 PJP 21 , available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjuris . Recently, there have been doubts regarding the legality of the 2024 Department of Justice - National Prosecution Service Rules on Preliminary Investigation (2024 DOJ-NPS Rules), especially the part thereof that modifies the minimum penalty requirement for the conduct of such investigation from "at least four years two months and one day" to "at least six years."

RECOMMENDED CITATION : DELA PEÑA, Mark Angelo S. (2024), “Richer Private International Law Jurisprudence in the US, Europe,” 23 PJP 21 , available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjuris . Reason for US and Europe’s richer jurisprudence on private international law It may be noticed that Philippine jurisprudence is not as rich in conflict of laws decisions as the US or as European countries. The reason for this is the geographical situation of the Philippines. In the US and in Europe, movement of persons and property across state lines is normal, if not rampant, as a result of the fact that their st

RECOMMENDED CITATION : DELA PEÑA, Mark Angelo S. (2024), “Reason for Municipal Law’s Reference to Foreign Laws,” 22 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjuris . Students may find it interesting to ask the question of why municipal laws point to the application of foreign laws. If the municipal law of the forum has sufficient rules in place for the resolution of a dispute, why is there still a need to invoke the application of a foreign law? There are a few reasons proposed for this. First, the status, condition, and legal capacity of persons are traditionally viewed to be beyond the powers of a foreign court. Bein

RECOMMENDED CITATION:  DELA PEÑA, Mark Angelo S. (2024), “Municipal Laws, Foreign Laws, and Their Variance,” 21 PJP 21 , available at <insert link> (last accessed on <date>). PJP BLOG :  Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US:  For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at  www.m.me/projectjuris . Definition of municipal laws As far as the Philippines is concerned, municipal laws refer to Philippine laws. Hence, the statement “municipal law points to the application of foreign law” refers to Philippine laws that call for the application of laws of countries other than the Philippines. The term “law,” in its broad sense, refers to the 1987 Constitution, statutes passed by Congress, and decisions of the Supreme Court which form part of the law of the land. Executi

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), "The Case of People v. Montenegro (1939)," 20 PJP 21 , available at <insert link> (last accessed on <date>). PJP BLOG :  Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at  www.m.me/projectjuris . The case of People v. Montenegro (1939) [1] In the case of People v. Montenegro, in 1932, accused was charged for violating a United States (“US”) federal law prohibiting excessive attorney’s fees for pension claims. Note that, in the US, each state is a country in itself but, owing to its federal system of government, the federal government maintains an overarching authority over states on certain matters such as immigration and foreign relations. Thus

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Definition of Foreign Laws,” 19 PJP 21 , available at <insert link> (last accessed on <date>). PJP UNDOCKETED : This content is yet to be be peer reviewed and has not yet received any favorable recommendation for citation. It may or may not be queued up for citation recommendation or peer review. Caution is advised. CONTACT US: For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjuris . In the Philippine legal system foreign laws are those promulgated, issues or enacted by a country other than the Philippines. For purposes of private international law and from the viewpoint of the Philippines, the term “municipal law” refers to the laws of the Philippines. On the other hand, the laws of a country other than the Philippines are “foreign laws.” In other words, French laws are the municipal laws of Fran