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Philippine Bar review · Question

Practice question: Doctrine of Processual Presumption

Multiple Choice Medium

Practice question

An employer invokes an unproved foreign statute to justify a deduction. It presents only a contract saying a foreign legal system governs, with no competent content of the alleged statute. Under the ordinary doctrine, which is best?
  1. The clause conclusively proves the employer's description of every statute.
  2. The employer may choose any foreign rule after the dispute.
  3. All deductions become automatically lawful.
  4. A governing-law clause alone does not supply the missing foreign statutory content; apply the appropriate presumed-identity analysis.
  5. Foreign law is whatever the contract's title suggests.

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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