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Philippine Bar review · Question

Practice question: Doctrine of Renvoi

Multiple Choice Hard

Practice question

The Philippine forum’s conflicts rule designates State X’s national law. State X’s proved conflicts rule refers the issue back to Philippine law because the decedent was domiciled here. A party insists the court must send it back to State X repeatedly without deciding. What does Aznar support?
  1. An endless referral loop is mandatory
  2. Only the executor may terminate the loop
  3. All heirs lose their rights
  4. The forum may accept the reference back and apply its internal law rather than endlessly refer the issue again
  5. The case must always be dismissed

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 16
  • https://lawphil.net/judjuris/juri1963/jan1963/gr_l-16749_1963.html — Aznar v. Garcia, G.R. No. L-16749, January 31, 1963
  • https://lawphil.net/judjuris/juri1967/jun1967/gr_l-23678_1967.html — Bellis v. Bellis, G.R. No. L-23678, June 6, 1967

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