Practice question
A Philippine judge properly assumes jurisdiction over a transnational dispute and says that all substantive rights must therefore be governed by Philippine law. The contract and alleged wrong have material foreign contacts. Which response is correct?
- Jurisdiction gives unlimited automatic choice of substantive law
- Assumption of jurisdiction does not by itself select forum substantive law; the court must characterize the issues and apply the relevant conflicts analysis
- All foreign contacts force dismissal
- Every issue is procedural by definition
- The defendant may choose any law after judgment
Legal references
- Saudia v. Rebesencio, GR198587, January14 2015, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/60343
- Garcia v. Recio, GR138322, October2 2001, main decision: https://lawphil.net/judjuris/juri2001/oct2001/gr_138322_2001.html
- Asiavest Limited v. CA, GR128803, September25 1998, main decision: https://lawphil.net/judjuris/juri1998/sep1998/gr_128803_1998.html
- Hasegawa v. Kitamura, GR149177, November23 2007, main decision: https://lawphil.net/judjuris/juri2007/nov2007/gr_149177_2007.html
Answer this question in flashcards to review your response and continue practicing.