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Philippine Bar review · Question

Practice question: Lex Loci Solutionis

Multiple Choice Hard Jurisprudence

Practice question

An employer relies solely on foreign performance to argue that Philippine tribunals necessarily lose jurisdiction and that applicable Philippine public-policy protections become irrelevant. The facts establish Philippine jurisdiction and the asserted public-policy conflict. Applying Rebesencio, which is correct?
  1. Foreign performance automatically cancels every Philippine rule.
  2. A performance-place connection does not by itself eliminate jurisdiction or override the identified public-policy limitations.
  3. Every foreign employment contract is void in full.
  4. Foreign performance always means Philippine forum law governs everything.
  5. The employer may select jurisdiction by an unsupported label.

Legal references

  • Saudia v. Rebesencio, G.R.198587, January14 2015, main decision, choice-of-law discussion; https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/60343
  • Civil Code Article17; https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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