Practice question
A claimant sues in a Philippine court concerning a tort with foreign elements. The defendant says jurisdiction in the Philippines automatically means Philippine substantive tort law must govern. Is that correct?
- Yes, jurisdiction and applicable law are identical
- Yes, every foreign element is irrelevant
- Yes, a complaint selects all governing law conclusively
- Yes, the court may never apply foreign law
- No; jurisdiction and choice of substantive law require distinct inquiries
Legal references
- Saudi Arabian Airlines v. Court of Appeals, GR122191, October8 1998, main decision: https://lawphil.net/judjuris/juri1998/oct1998/gr_122191_1998.html
- 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
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