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Philippine Bar review · Question

Practice question: Doctrine of Processual Presumption

Multiple Choice Hard

Practice question

A relevant foreign provision is properly proved and differs from Philippine law. The court otherwise determines it is applicable and no public-policy or mandatory-law obstacle exists. A party asks the court to use processual presumption solely because the party prefers the Philippine outcome. Which is best?
  1. The failure-of-proof presumption cannot simply replace the properly established applicable rule on preference alone.
  2. Every unfavorable proved rule must be deemed unproved.
  3. A litigant may freely select whichever result is larger.
  4. Proof of foreign law is never legally possible.
  5. The court must always ignore every foreign provision.

Legal references

  • Bison Management v. AAA, G.R.256540, February14,2024, MAIN: https://lawphil.net/judjuris/juri2024/feb2024/gr_256540_2024.html

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