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Philippine Bar review · Question

Practice question: Doctrine of Processual Presumption

Multiple Choice Medium Jurisprudence

Practice question

An employer relies on a foreign termination rule but submits no competent proof of its content. Assuming the ordinary presumed-identity approach applies, what follows?
  1. The unproved rule is presumed the same as Philippine law
  2. The employer’s description is automatically accepted
  3. The employee must invent the foreign statute
  4. The case must always be dismissed
  5. The foreign country is deemed not to exist

Legal references

  • https://lawphil.net/judjuris/juri2024/feb2024/gr_256540_2024.html — Bison Management Corporation v. AAA, G.R. No. 256540, February 14, 2024
  • https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf — 2019 Amendments to the Revised Rules on Evidence, Rule 132 sections 24–25
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69859 — Anido v. Republic, G.R. No. 253527, October 21, 2024

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